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-09-TC-181
Worldwide Marketing Solutions,
Incorporated ) NAL/Acct. No. 200932170140
Apparent Liability for Forfeiture ) FRN: 0017238452
)
)
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 two
thousand dollars ($2,000) issued to Worldwide Marketing Solutions,
Incorporated ("Worldwide Marketing"). On February 25, 2009, the Bureau
issued to Worldwide Marketing a Notice of Apparent Liability for
Forfeiture ("NAL") based on Worldwide Marketing'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 Worldwide Marketing, we agree with Worldwide Marketing
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 Worldwide Marketing 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 two thousand dollars ($2,000) issued to
Worldwide Marketing Solutions, Incorporated 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 Worldwide
Marketing, through its attorney of record, attn: Edward A. Maldonado,
7925 NW 12th Street, Suite 300, Doral, FL 33126.
FEDERAL COMMUNICATIONS COMMISSION
Suzanne M. Tetreault
Acting Chief, Enforcement Bureau
Worldwide Marketing Solutions, Incorporated, Apparent Liability for
Forfeiture, 24 FCC Rcd 1913 (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).
(...continued from previous page)
(continued....)
Federal Communications Commission DA 09-1932
2
Federal Communications Commission DA 09-1932