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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No. EB-09-TC-186
Zicore Services, Inc. ) NAL/Acct. No. 200932170145
Apparent Liability for Forfeiture ) FRN: 0011476751
)
)
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 two
thousand dollars ($2,000) issued to Zicore Services, Inc ("Zicore").
On February 25, 2009, the Bureau issued to Zicore a Notice of Apparent
Liability for Forfeiture ("NAL") based on Zicore'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 a compliant
annual CPNI certification with the Bureau.
2. Upon review of the record, and based upon additional information
provided by Zicore, we agree with Zicore that it had no
telecommunications customers during the 2007 calendar year, thus an
annual compliance certification for calendar year 2007 was not due.
Accordingly, we find that Zicore 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 two thousand dollars ($2,000) issued to Zicore Services,
Inc. in the February 25, 2009 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 Zicore,
through its attorney of record, attn: Katherine Patsas, Lukas, Nace,
Gutierrez, and Sachs, LLP, 1650 Tysons Blvd., Suite 1500, McLean, VA
22102.
FEDERAL COMMUNICATIONS COMMISSION
Suzanne M. Tetreault
Acting Chief, Enforcement Bureau
Zicore Services, Inc., Apparent Liability for Forfeiture, 24 FCC Rcd 1943
(Enf. Bur. 2009) ("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 09-1891
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Federal Communications Commission DA 09-1891