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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                             )                               
                                                             
                             )   File No. EB-08-TC-3079      
     In the Matter of                                        
                             )   NAL/Acct. No. 200932170238  
     Bingo Consulting, LLC                                   
                             )   FRN No. 0015922412          
                                                             
                             )                               


                                     ORDER

   Adopted: August 24, 2010 Released: August 25, 2010

   By the Acting Chief, Telecommunications Consumers Division, Enforcement
   Bureau:

    1. In this Order, we adopt the attached Consent Decree entered into
       between the Enforcement Bureau ("Bureau") of the Federal
       Communications Commission ("FCC" or "Commission") and Bingo
       Consulting, LLC ("Bingo" or "Company"). The Consent Decree terminates
       an investigation and Notice of Apparent Liability for Forfeiture
       ("NAL") by the Bureau against Bingo for possible violation of section
       222 of the Communications Act of 1934, as amended ("Communications
       Act" or "Act"), 47 U.S.C. S: 222, section 64.2009(e) of the
       Commission's rules, 47 C.F.R. S: 64.2009(e), and the Commission's EPIC
       CPNI Order, regarding Bingo's apparent failure to timely file a
       compliant annual customer proprietary network information ("CPNI")
       certification pursuant to section 64.2009(e).

    2. The Bureau and Bingo have negotiated the terms of the Consent Decree
       that resolve this matter. A copy of the Consent Decree is attached
       hereto and incorporated by reference.

    3. After reviewing the terms of the Consent Decree and evaluating the
       facts before us, we find that the public interest would be served by
       adopting the Consent Decree, terminating the investigation and
       cancelling the NAL.

    4. In the absence of material new evidence relating to this matter, we
       conclude that our investigation raises no substantial or material
       questions of fact as to whether Bingo possesses the basic
       qualifications, including those related to character, to hold or
       obtain any Commission license or authorization.

    5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b)
       of the Communications Act of 1934, as amended, and sections 0.111 and
       0.311 of the Commission's rules, the Consent Decree attached to this
       Order IS ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED and the Notice of Apparent Liability for Forfeiture IS
       CANCELLED.

   FEDERAL COMMUNICATIONS COMMISSION

   Kurt A. Schroeder

   Acting Chief

   Telecommunications Consumers Division

   Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                             )                               
                                                             
                             )   File No. EB-08-TC-3079      
     In the Matter of                                        
                             )   NAL/Acct. No. 200932170238  
     Bingo Consulting, LLC                                   
                             )   FRN No. 0015922412          
                                                             
                             )                               


                                 CONSENT DECREE

    1. The Enforcement Bureau  ("Bureau") and Bingo Consulting, LLC ("Bingo"
       or the "Company"), by their authorized representatives, hereby enter
       into this Consent Decree for the purpose of cancelling the Notice of
       Apparent Liability ("NAL") and terminating the Enforcement Bureau's
       investigation into Bingo's possible noncompliance with the
       requirements of section 222 of the Communications Act of 1934, as
       amended ("Communications Act" or "Act"), 47 U.S.C. S: 222, section
       64.2009(e) of the Commission's rules, 47 C.F.R. S: 64.2009(e), and the
       Commission's EPIC CPNI Order.

   I. DEFINITIONS

    2. For the purposes of this Consent Decree, the following definitions
       shall apply:

    a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
       S: 151 et seq.

    b. "Adopting Order" means an Order of the Commission adopting the terms
       of this Consent Decree without change, addition, deletion, or
       modification.

    c. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    d. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    e. "Compliance Plan" means the program described in this Consent Decree
       at paragraph 10.

    f. "Effective Date" means the date on which the Commission releases the
       Adopting Order.

    g. "Investigation" means the investigation commenced by the Bureau's
       letter of inquiry regarding whether Bingo violated the requirements of
       section 222 of the Communications Act and section 64.2009(e) of the
       Commission's rules by failing to file a compliant customer proprietary
       network information ("CPNI") certification.

    h. "Bingo" means Bingo Consulting, LLC and its predecessors-in-interest
       and successors-in-interest.

    i. "NAL" means Notice of Apparent Liability for Forfeiture.

    j. "Parties" means Bingo and the Bureau.

    k. "Rules" means the Commission's regulations found in Title 47 of the
       Code of Federal Regulations.

   II. BACKGROUND

    3. Section 222 imposes the general duty on all telecommunications
       carriers to protect the confidentiality of their subscribers'
       proprietary information. The Commission has issued rules implementing
       section 222 of the Act. The Commission required carriers to establish
       and maintain a system designed to ensure that carriers adequately
       protected their subscribers' CPNI. Section 64.2009(e) is one such
       requirement.

    4. In 2006, some companies, known as "data brokers," advertised the
       availability of records of wireless subscribers' incoming and outgoing
       telephone calls for a fee. Data brokers also advertised the
       availability of certain landline toll calls. On April 2, 2007, the
       Commission strengthened its privacy rules with the release of the EPIC
       CPNI Order,  which adopted additional safeguards to protect CPNI
       against unauthorized access and disclosure. The EPIC CPNI Order was
       directly responsive to the actions of databrokers, or pretexters, to
       obtain unauthorized access to CPNI. The EPIC CPNI Order  requires that
       all companies subject to the CPNI rules file annually, on or before
       March 1, a certification with the Commission pursuant to amended rule
       47 C.F.R. S: 64.2009(e). Additionally, companies must now provide,
       with their certification, "an explanation of any actions taken against
       data brokers and a summary of all customer complaints received in the
       past year concerning the unauthorized release of CPNI."

    5. The Bureau sent a Letter of Inquiry ("LOI") to Bingo on September 5,
       2008, asking it to provide copies and evidence of its timely filed
       CPNI compliance certificate for 2007, which was due by March 1, 2008,
       pursuant to section 64.2009(e) of the Commission's rules or an
       explanation as to why no certification was filed. Bingo submitted a
       response to the LOI on September 17, 2008. The Bureau concluded that
       Bingo failed to submit satisfactory evidence of its timely filing of
       the annual CPNI compliance certification. Accordingly, on February 24,
       2009, the Bureau released the Omnibus NAL against numerous companies,
       including Bingo, proposing a monetary forfeiture of twenty thousand
       dollars ($20,000) for its apparent failure to comply with section
       64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI
       Order, and ordered the Company either to pay the proposed forfeiture
       or file a written response within thirty (30) days of the release date
       stating why the proposed forfeiture should be reduced or canceled.
       Bingo submitted a response to the Omnibus NAL; subsequently, Bingo and
       the Bureau entered into settlement discussions.

   III. TERMS OF AGREEMENT

    6. Adopting Order. The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order
       without change, addition, modification, or deletion.

    7. Jurisdiction. Bingo agrees that the Bureau has jurisdiction over it
       and the matters contained in this Consent Decree and has the authority
       to enter into and adopt this Consent Decree.

    8. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the date on which the FCC releases the
       Adopting Order. Upon release, the Adopting Order and this Consent
       Decree shall have the same force and effect as any other Order of the
       Bureau. Any violation of the Adopting Order or of the terms of this
       Consent Decree shall constitute a separate violation of a Bureau
       Order, entitling the Bureau to exercise any rights and remedies
       attendant to the enforcement of a Bureau Order.

    9. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate its
       investigation and to cancel the NAL. In consideration for the
       termination of said investigation and cancellation of the NAL, Bingo
       agrees to the terms, conditions, and procedures contained herein. The
       Bureau further agrees that, in the absence of new material evidence,
       the Bureau will not use the facts developed in this investigation
       through the Effective Date of the Consent Decree, or the existence of
       this Consent Decree, to institute, on its own motion, any new
       proceeding, formal or informal, or take any action on its own motion
       against Bingo concerning the matters that were the subject of the
       investigation. The Bureau also agrees that it will not use the facts
       developed in this investigation through the Effective Date of this
       Consent Decree, or the existence of this Consent Decree, to institute
       on its own motion any proceeding, formal or informal, or take any
       action on its own motion against Bingo with respect to Bingo's basic
       qualifications, including its character qualifications, to be a
       Commission licensee or authorized common carrier or hold Commission
       authorizations.

   10. Compliance Plan. For purposes of settling the matters set forth herein
       and to help ensure compliance with the Commission's CPNI rules, Bingo
       agrees to take all measures necessary to achieve full compliance with
       section 64.2009(e) of the Commission's rules. Bingo agrees that within
       thirty (30) days its personnel will be trained as to when they are and
       are not authorized to use CPNI. Bingo further agrees to have an
       express disciplinary process in place for the unauthorized use of
       CPNI, within thirty (30) days. Additionally, Bingo agrees to submit a
       copy of its annual section 64.2009(e) compliance certificate, which it
       is required to file annually in EB Docket 06-36, for each of two (2)
       years following the Effective Date of this Consent Decree to the
       Chief, Telecommunications Consumers Division, Enforcement Bureau,
       Federal Communications Commission, 445 12th Street, S.W. Room 4-C244,
       Washington, D.C. 20554, and must include the file number listed above.
       Bingo will also send an electronic copy of its certification to other
       Telecommunications Consumers Division staff as directed by the
       Division Chief. This Consent Decree will expire two (2) years after
       the Effective Date or upon the termination of the certification
       requirement set forth in section 64.2009(e) of the Commission's rules,
       47 C.F.R. S: 64.2009(e), whichever is earlier.

   11. Section 208 Complaints; Subsequent Investigations. Nothing in this
       Consent Decree shall prevent the Commission or its delegated authority
       from adjudicating complaints filed pursuant to section 208 of the Act
       against Bingo or its affiliates for alleged violations of the Act, or
       for any other type of alleged misconduct, regardless of when such
       misconduct took place. The Commission's adjudication of any such
       complaint will be based solely on the record developed in that
       proceeding. Except as expressly provided in this Consent Decree, this
       Consent Decree shall not prevent the Commission from investigating new
       evidence of noncompliance by Bingo of the Act, the rules, or the
       Order.

   12. Voluntary Contribution. Bingo agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of $400. The
       contribution will be made within thirty (30) calendar days after the
       Effective Date of the Adopting Order. Payment must be made by check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the NAL/Account Number and FRN
       Number referenced in the caption to the Adopting Order. Payment by
       check or money order may be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
       overnight mail may be sent to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by
       wire transfer may be made to ABA Number 021030004, receiving bank
       TREAS/NYC, and account number 27000001. For payment by credit card, an
       FCC Form 159 (Remittance Advice) must be submitted.  When completing
       the FCC Form 159, enter the NAL/Account number in block number 23A
       (call sign/other ID), and enter the letters "FORF" in block number 24A
       (payment type code). Bingo will also send electronic notification on
       the date said payment is made to johnny.drake@fcc.gov.

   13. Waivers. Bingo waives any and all rights it may have to seek
       administrative or judicial reconsideration, review, appeal or stay, or
       to otherwise challenge or contest the validity of this Consent Decree
       and the Adopting Order, provided the Commission issues an Adopting
       Order adopting the Consent Decree without change, addition,
       modification, or deletion. Bingo shall retain the right to challenge
       Commission interpretation of the Consent Decree or any terms contained
       herein. If either Party (or the United States on behalf of the
       Commission) brings a judicial action to enforce the terms of the
       Adopting Order, neither Bingo nor the Commission shall contest the
       validity of the Consent Decree or the Adopting Order, and Bingo shall
       waive any statutory right to a trial de novo. Bingo hereby agrees to
       waive any claims it may otherwise have under the Equal Access to
       Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S: 1.1501 et seq., relating
       to the matters addressed in this Consent Decree.

   14. Severability. The Parties agree that if any of the provisions of the
       Adopting Order or the Consent Decree shall be invalid or
       unenforceable, such invalidity or unenforceability shall not
       invalidate or render unenforceable the entire Adopting Order or
       Consent Decree, but rather the entire Adopting Order or Consent Decree
       shall be construed as if not containing the particular invalid or
       unenforceable provision or provisions, and the rights and obligations
       of the Parties shall be construed and enforced accordingly. In the
       event that this Consent Decree in its entirety is rendered invalid by
       any court of competent jurisdiction, it shall become null and void and
       may not be used in any manner in any legal proceeding.

   15. Subsequent Rule or Order. The Parties agree that if any provision of
       the Consent Decree conflicts with any subsequent rule or Order adopted
       by the Commission (except an Order specifically intended to revise the
       terms of this Consent Decree to which Bingo does not expressly
       consent) that provision will be superseded by such Commission rule or
       Order.

   16. Successors and Assigns. Bingo agrees that the provisions of this
       Consent Decree shall be binding on its successors, assigns, and
       transferees.

   17. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties. The
       Parties further agree that this Consent Decree does not constitute
       either an adjudication on the merits or a factual or legal finding or
       determination regarding any compliance or noncompliance with the
       requirements of the Act or the Commission's rules and Orders.

   18. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   19. Paragraph Headings. The headings of the Paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   20. Authorized Representative. Each party represents and warrants to the
       other that it has full power and authority to enter into this Consent
       Decree.

   21. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.


     ________________________________        
                                             
     Kurt A. Schroeder                       
                                             
     Acting Chief                            
                                             
     Telecommunications Consumers Division   
                                             
     Enforcement Bureau                      
                                             
     ________________________________        
                                             
     Date                                    
                                             
     ________________________________        
                                             
     Kunal Mittal                            
                                             
     President                               
                                             
     Bingo Consulting, LLC                   
                                             
     ________________________________        
                                             
     Date                                    


   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:S: 154(i), 503(b).

   47 C.F.R. S:S: 0.111, 0.311.

   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).

   See Letter from Marcy Greene, Deputy Division Chief, Telecommunications
   Consumers Division, Enforcement Bureau, FCC, to Bingo (Sept. 5, 2008)
   ("LOI").

   47 C.F.R. 64.2009(e).

   Section 222 of the Communications Act, 47 U.S.C S: 222, provides that:
   "Every telecommunications carrier has a duty to protect the
   confidentiality of proprietary information of, and relating to, other
   telecommunications carriers, equipment manufacturers, and customers,
   including telecommunication carriers reselling telecommunications services
   provided by a telecommunications carrier." Prior to the 1996 Act, the
   Commission had established CPNI requirements applicable to the enhanced
   services operations of AT&T, the Bell Operating Companies ("BOCs"), and
   GTE, and the customer premises equipment ("CPE") operations of AT&T and
   the BOCs, in the Computer II, Computer III, GTE Open Network Architecture
   ("ONA"), and BOC CPE Relief proceedings. See Implementation of the
   Telecommunications Act of 1996: Telecommunications Carriers' Use of
   Customer Proprietary Network Information and Other Customer Information
   and Implementation of Non-Accounting Safeguards of Sections 271 and 272 of
   the Communications Act of 1934, as amended, CC Docket Nos. 96-115 and
   96-149, Second Report and Order and Further Notice of Proposed Rulemaking,
   13 FCC Rcd 8061, 8068-70,  para. 7 (1998) ("CPNI Order") (describing the
   Commission's privacy protections for confidential customer information in
   place prior to the 1996 Act.

   See CPNI Order. See also  Implementation of the Telecommunications Act of
   1996: Telecommunications Carriers' Use of Customer Proprietary Network
   Information and Other Customer Information and Implementation of the
   Non-Accounting Safeguards of Sections 271 and 272 of the Communications
   Act of 1934, as amended, CC Docket Nos. 96-115 and 96-149, Order on
   Reconsideration and Petitions for Forbearance, 14 FCC Rcd 14409 (1999); 
   Implementation of the Telecommunications Act of 1996: Telecommunications
   Carriers' Use of Customer Proprietary Network Information and Other
   Customer Information and Implementation of the Non-Accounting Safeguards
   of Sections 271 and 272 of the Communications Act of 1934, as amended, CC
   Docket Nos. 96-115 and 96-149; 2000 Biennial Regulatory Review -- Review
   of Policies and Rules Concerning Unauthorized Changes of Consumers' Long
   Distance Carriers, CC Docket No. 00-257,  Third Report and Order and Third
   Further Notice of Proposed Rulemaking, 17 FCC Rcd 14860 (2002); EPIC CPNI
   Order.

   See, e.g., http://www.epic.org/privacy/iei/.

   See id.

   EPIC CPNI Order, 22 FCC Rcd 6927. Specifically, pursuant to section
   64.2009(e): A telecommunications carrier must have an officer, as an agent
   of the carrier, sign and file with the Commission a compliance certificate
   on an annual basis. The officer must state in the certification that he or
   she has personal knowledge that the company has established operating
   procedures that are adequate to ensure compliance with the rules in this
   subpart. The carrier must provide a statement accompanying the
   certification explaining how its operating procedures ensure that it is or
   is not in compliance with the rules in this subpart. In addition, the
   carrier must include an explanation of any actions taken against data
   brokers and a summary of all customer complaints received in the past year
   concerning the unauthorized release of CPNI. This filing must be made
   annually with the Enforcement Bureau on or before March 1 in EB Docket No.
   06-36, for data pertaining to the previous calendar year. 47 C.F.R. S:
   64.2009(e).

   Id. at 6928.

   Id. at 6953; 47 C.F.R. S: 64.2009(e).

   EPIC CPNI Order, 22 FCC Rcd at 6953.

   See note 2, supra.

   See email from Kunal Mittal, Bingo, to Marcy Greene, Deputy Division
   Chief, Telecommunications Consumers Division, Enforcement Bureau, FCC
   (Sept. 17, 2008).

   Annual CPNI Certification, Omnibus Notice of Apparent Liability for
   Forfeiture, 24 FCC Rcd 2299 (Enf. Bur. 2009) ("Omnibus NAL").

   Id.

   Federal Communications Commission DA 10-1372

   2

   Federal Communications Commission DA 10-1372