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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No. EB-09-TC-169
)
Tennessee Telephone Service, LLC d/b/a NAL/Acct. No.
Freedom Communications USA, LLC ) 200932170128
Apparent Liability for Forfeiture ) FRN: 0011643111
)
)
ORDER
Adopted: June 10, 2010 Released: June 11, 2010
By the Acting Chief, Telecommunications Consumers Division, Enforcement
Bureau:
1. In this Order, we cancel a proposed forfeiture in the amount of four
thousand dollars ($4,000) issued to Tennessee Telephone Service, LLC
d/b/a Freedom Communications USA, LLC ("Freedom Communications"). On
February 26, 2009, the Bureau issued to Freedom Communications a
Notice of Apparent Liability for Forfeiture ("NAL") based on Freedom
Communications' apparent violation of section 222 of the
Communications Act of 1934, 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 Freedom Communications, we agree with Freedom
Communications that it had submitted, by mail, a complete CPNI
certification filing for the 2007 calendar year; although several
pages were not uploaded on the Commission's database. Accordingly, we
find that Freedom Communications 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, and sections 0.111, 0.311 and
1.80(f) (4) of the Commission's rules, that the proposed forfeiture in
the amount of four thousand dollars ($4,000) issued to Tennessee
Telephone Service, LLC d/b/a Freedom Communications USA, LLC in the
February 26, 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 Tennessee
Telephone Service, LLC d/b/a Freedom Communications USA, LLC, attn:
Pearl Lombardo, 220 Creekside Drive, Dickson, TN 37055.
FEDERAL COMMUNICATIONS COMMISSION
Kurt A. Schroeder
Acting Chief
Telecommunications Consumers Division
Enforcement Bureau
Tennessee Telephone Service, LLC d/b/a Freedom Communications USA, LLC,
Apparent Liability for Forfeiture, 24 FCC Rcd 1816 (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).
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(continued....)
Federal Communications Commission DA 10-1052
2
Federal Communications Commission DA 10-1052