Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No. EB-08-TC-5051
Pilgrim Telephone, Inc. ) NAL/Acct. No. 200932170604
Apparent Liability for Forfeiture ) FRN: 0003739851
)
)
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 Pilgrim Telephone, Inc.
("Pilgrim"). On February 24, 2009, the Bureau issued to Pilgrim a
Notice of Apparent Liability for Forfeiture ("Omnibus NAL") based on
Pilgrim'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 additional information
provided by Pilgrim, we agree with Pilgrim that it was not required to
file a CPNI certification for calendar year 2007. During the 2007
calendar year, Pilgrim was not a telecommunications carrier.
Accordingly, we find that Pilgrim 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 ("Act"), 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 Pilgrim Telephone, Inc. 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 Pilgrim, to
its attorney of record, attn: Walter Steimel, Greenberg Traurig, LLP,
2101 L Street, NW, Suite 1000, Washington, DC 20037.
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).
(...continued from previous page)
(continued....)
Federal Communications Commission DA 09-1888
2
Federal Communications Commission DA 09-1888