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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No. EB-08-TC-5062
Plains Communications Services, LLC ) NAL/Acct. No. 200932170672
Apparent Liability for Forfeiture ) FRN: 0014642235
)
)
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 twenty
thousand dollars ($20,000) issued to Plains Communications Services,
LLC ("Plains"). On February 24, 2009, the Bureau issued to Plains a
Notice of Apparent Liability for Forfeiture ("Omnibus NAL") based on
Plains' 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 an annual
compliance certification with the Bureau.
2. Upon review of the record, and based upon additional information
provided by Plains, we agree with Plains that it had timely filed its
CPNI certification for calendar year 2007. Accordingly, we find that
Plains did not violate section 222 of the Act, section 64.2009(e) of
the Commission's rules, and 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 Plains Communications Services, 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 Plains to
its attorney of record, John A. Prendergrast, 2120 L 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).
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Federal Communications Commission DA 09-1928
2
Federal Communications Commission DA 09-1928