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-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).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 09-1931

                                       2

   Federal Communications Commission DA 09-1931