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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
     In the Matter of                        File No. EB-08-TC-5142      
                                         )                               
     Visionary Communications, Inc.          NAL/Acct. No. 200932170689  
                                         )                               
     Apparent Liability for Forfeiture       FRN: 0018092593             
                                         )                               
                                                                         
                                         )                               


                                     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 Visionary Communications, Inc.
       ("Visionary"). On February 24, 2009, the Bureau issued to Visionary a
       Notice of Apparent Liability for Forfeiture ("Omnibus NAL") based on
       Visionary'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 on additional information
       provided by Visionary, we agree with Visionary that it was not
       required to file a CPNI certification for calendar year 2007.
       Visionary is not a telecommunications carrier, and had no
       telecommunications customers during the 2007 calendar year.
       Accordingly, we find that Visionary 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 Visionary Communications, 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 Visionary,
       to its attorney of record, attn: Thomas K. Crowe, 1250 24th Street,
       NW, Suite 300, 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 09-1889

                                       2

   Federal Communications Commission DA 09-1889