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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File No. EB-08-TC-2918
Allendale Telephone Company d/b/a )
Allendale Communications Company NAL/Acct. No. 200932170208
)
Apparent Liability for Forfeiture FRN: 0002773315
)
)
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 Allendale Telephone Company d/b/a
Allendale Communications Company ("Allendale"). On February 24, 2009,
the Bureau issued to Allendale a Notice of Apparent Liability for
Forfeiture ("Omnibus NAL") based on Allendale'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 on additional information
provided by Allendale, we agree with Allendale that it had timely
filed its annual CPNI certification for calendar year 2007.
Accordingly, we find that Allendale 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 Allendale Telephone Company d/b/a Allendale Communications Company
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 Allendale,
to its attorney of record, attn: Harvey J. Messing, Miller, Canfield,
Paddock, and Stone, PLC, One Michigan Ave., Suite 900, Lansing, MI
48933.
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. Feb. 24, 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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(continued....)
Federal Communications Commission DA 09-1931
2
Federal Communications Commission DA 09-1931