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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No. EB-09-TC-113
Isan Telecom, Inc. ) NAL/Acct. No. 200932170072
Apparent Liability for Forfeiture ) FRN: 0017399262
)
)
ORDER
Adopted: August 31, 2009 Released: August 31, 2009
By the Acting Chief, Enforcement Bureau:
1. In this Order, we cancel a proposed forfeiture in the amount of six
thousand dollars ($6,000) issued to Isan Telecom, Inc ("Isan"). On
February 25, 2009, the Bureau issued to Isan a Notice of Apparent
Liability for Forfeiture ("NAL") based on Isan's apparent violation of
section 222 of the Communications Act of 1934, as amended, 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 Isan, we agree with Isan 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 Isan 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 six thousand dollars ($6,000) issued to
Isan Telecom, 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 Isan,
through its attorney of record, attn: Edward A. Maldonado, 7925 NW
12th Street, Doral, Florida 33126.
FEDERAL COMMUNICATIONS COMMISSION
Suzanne M. Tetreault
Acting Chief, Enforcement Bureau
Isan Telecom, Inc., Apparent Liability for Forfeiture, 24 FCC Rcd 1810
(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 09-1926
2
Federal Communications Commission DA 09-1926