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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No. EB-08-TC-4777
Nebraska Supercomm, LLC ) NAL/Acct. No. 200932170570
Apparent Liability for Forfeiture ) FRN: 0014797765
)
)
ORDER
Adopted: September 1, 2009 Released: September 1, 2009
By the Acting Chief, Enforcement Bureau:
1. In this Order, we cancel a proposed forfeiture in the amount of twenty
thousand dollars ($20,000) issued to Nebraska Supercomm, LLC
("Nebraska Supercomm"). On February 24, 2009, the Bureau issued to
Nebraska Supercomm a Notice of Apparent Liability for Forfeiture
("Omnibus NAL") based on Nebraska Supercomm's apparent violation of
section 222 of the Communications Act of 1934, as amended (the "Act"),
section 64.2009(e) of the Commission's rules, and the Commission's
EPIC CPNI Order by failing to timely file an annual compliance
certification with the Bureau.
2. Upon review of the record, and based upon new information provided by
Nebraska Supercomm, we agree with Nebraska Supercomm that it did not
have any telecommunications customers during the 2007 calendar year,
thus an annual compliance certification for calendar year 2007 was not
due. Accordingly, we find that Nebraska Supercomm did not violate
section 222 of the Act, section 64.2009(e) of the Commission's rules,
or the Commission's EPIC CPNI Order. Consequently, we conclude that no
forfeiture should be imposed.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the
Communications Act of 1934, as amended, and sections 0.111, 0.311 and
1.80(f)(4) of the Commission's rules, that the proposed forfeiture in
the amount of twenty thousand dollars ($20,000) issued to Nebraska
Supercomm, LLC in the February 24, 2009 Omnibus Notice of Apparent
Liability for Forfeiture IS CANCELLED.
4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Nebraska
Supercomm, LLC's consultant, Cindy Grosvenor, Consortia Consulting,
Inc., 9300 Underwood Ave., Suite 310, Embassy Tower, Omaha, NE 68114.
FEDERAL COMMUNICATIONS COMMISSION
Suzanne M. Tetreault
Acting Chief, Enforcement Bureau
Annual CPNI Certification Omnibus, Notice of Apparent Liability for
Forfeiture, 24 FCC Rcd 2299 (Enf. Bur. 2009) ("Omnibus NAL").
47 U.S.C. S: 222.
47 C.F.R. S: 64.2009(e).
Implementation of the Telecommunications Act of 1996: Telecommunications
Carriers' Use of Customer Proprietary Network Information and Other
Customer Information; IP-Enabled Services, CC Docket No. 96-115; WC Docket
No. 04-36, Report and Order and Further Notice of Proposed Rulemaking, 22
FCC Rcd 6927, 6953 (2007) ("EPIC CPNI Order"); aff'd sub nom. Nat'l Cable
& Telecom. Assoc. v. FCC, No. 07-132, (D.C. Cir. decided Feb. 13, 2009).
47 U.S.C. S: 222.
47 C.F.R. S: 64.2009(e).
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Federal Communications Commission DA 09-1886
2
Federal Communications Commission DA 09-1886