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-4923
Orange Auto Sound ) NAL/Acct. No. 200932170639
Apparent Liability for Forfeiture ) FRN: 0016256448
)
)
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 Orange Auto Sound ("Orange"). On
February 24, 2009, the Bureau issued to Orange a Notice of Apparent
Liability for Forfeiture ("Omnibus NAL") based on Orange'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 an annual
compliance certification with the Bureau.
2. Upon review of the record, and based upon additional information
provided by Orange, we agree with Orange 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 Orange 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 Orange Auto Sound 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 Orange Auto
Sound, at its address of record, attn: Courtney Ragusa, 3712 2nd Ave.,
Orange, TX 77630.
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 09-1929
2
Federal Communications Commission DA 09-1929