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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB-08-TC-3347      
                                                                         
     Clarks Telecom Long Distance        )   NAL/Acct. No. 200932170282  
                                                                         
     Apparent Liability for Forfeiture   )   FRN: 0004942223             
                                                                         
                                         )                               
                                                                         
                                         )                               


                                     ORDER

   Adopted: September 1, 2009 Released: September 1, 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 Clarks Telecom Long Distance
       ("Clarks"). On February 24, 2009, the Bureau issued to Clarks a Notice
       of Apparent Liability for Forfeiture ("Omnibus NAL") based on Clarks'
       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 Clarks, we agree with Clarks that it was not a
       telecommunications carrier at the time the CPNI certification filing
       was due because it ceased offering telecommunications services on
       October 1, 2007 and its customer database was acquired by another
       carrier. Accordingly, we find that Clarks 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 Clarks Telecom Long Distance 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 Clarks, to
       its attorney of record, attn: Thomas J. Moorman, Woods and Aiken LLP,
       Suite 200, 2154 Wisconsin Ave, NW, Washington, DC 20007.

   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 09-1980

                                       2

   Federal Communications Commission DA 09-1980