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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554




                                                )                            
                                                                             
                                                )                            
     In the Matter of                               File No. See Appendix I  
                                                )                            
     Annual CPNI Certification                      NAL/Acct. No. See        
                                                )   Appendix I               
     Omnibus Notice of Apparent Liability for                                
     Forfeiture                                 )   FRN: See Appendix I      
                                                                             
                                                )                            
                                                                             
                                                )                            


              OMNIBUS NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: February 25, 2010 Released: February 26, 2010

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Omnibus Notice of Apparent Liability for Forfeiture ("NAL"),
       we find that the companies listed in Appendix I of this Order ("the
       Companies"), by failing to submit an annual customer proprietary
       network information ("CPNI") compliance certificate, have apparently
       willfully or repeatedly violated section 64.2009(e) of the
       Commission's rules. Protection of CPNI is a fundamental obligation of
       all telecommunications carriers, as provided by section 222 of the
       Act. Based upon our review of the facts and circumstances surrounding
       these apparent violations, we find that the Companies are each
       apparently liable for a monetary forfeiture in the amount of twenty
       five thousand dollars ($25,000).

   II. BACKGROUND

    2. Section 222 of the Act 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. For instance, the Commission requires
       carriers to establish and maintain systems designed to ensure that
       they adequately protect their subscribers' CPNI. Moreover, 47 C.F.R.
       S: 64.2009(e) requires that all companies subject to the CPNI rules
       file with the Commission annually, on or before March 1, a
       certification of their compliance with the CPNI rules.

   III. DISCUSSION

    3. The Companies have apparently violated rule 64.2009(e) by failing to
       file the required compliance certifications for the 2008 calendar
       year. The Bureau sent Letters of Inquiry to the Companies asking them
       to provide copies and evidence of their annual CPNI certification
       filings. Each of the Companies failed to submit satisfactory evidence
       that it filed a certification.

    4. Protection of subscribers' proprietary information is an important
       carrier obligation. Consumers are understandably concerned about the
       security of the sensitive, personal data that they must entrust to
       their various service providers, whether they are financial
       institutions or telephone companies. We must take aggressive,
       substantial steps to ensure that carriers implement necessary and
       adequate measures to protect their subscribers' CPNI, as required by
       the Commission's CPNI rules.

    5. Section 503(b) of the Communications Act authorizes the Commission to
       assess a forfeiture of up to $150,000 for each violation of the Act or
       of any rule, regulation, or order issued by the Commission under the
       Act. The Commission may assess this penalty if it determines that the
       carrier's noncompliance is "willful or repeated." For a violation to
       be willful, it need not be intentional. It appears that the Companies'
       failure to file was both willful and repeated, inasmuch as each of
       them was previously issued a citation for failure to file their
       certifications for calendar year 2007. In exercising our forfeiture
       authority, we are required to take into account "the nature,
       circumstances, extent, and gravity of the violation and, with respect
       to the violator, the degree of culpability, any history of prior
       offenses, ability to pay, and such other matters as justice may
       require." In addition, the Commission has established guidelines for
       forfeiture amounts and, where there is no specific base amount for a
       violation, retained discretion to set an amount on a case-by-case
       basis.

    6. For the annual CPNI certifications for calendar year 2007, the Bureau
       issued NALs in the amount of $20,000 against the carriers that failed
       to file. The Companies identified in this order, however, have
       repeatedly violated rule 64.2009(e) - as noted above, each of them was
       previously issued a citation for failure to file. This repeated
       failure to comply, even after the Companies were explicitly warned of
       the potential consequences via the citations, warrants an upward
       adjustment of the forfeiture amount. Accordingly, we propose a
       forfeiture of $25,000 against each of the Companies for the failure to
       comply with the annual CPNI certification filing requirement of
       section 64.2009(e).

    7. The Companies will have the opportunity to submit further evidence and
       arguments in response to this NAL to show that no forfeiture should be
       imposed or that some lesser amount should be assessed. For example,
       any of the Companies may present evidence that it has compelling,
       financial arguments to reduce the proposed forfeiture or that it has
       maintained a history of overall compliance. The Commission will fully
       consider any such arguments made by any of the Companies in its
       response to this NAL.

   IV. CONCLUSION AND ordering clauses

    8. We have determined that the Companies set forth in Appendix I of this
       Order, by failing to submit an annual compliance certificate, have
       apparently willfully or repeatedly violated section 64.2009(e) of the
       Commission's rules. We find each of the Companies apparently liable
       for a forfeiture of twenty five thousand dollars ($25,000).

    9. ACCORDINGLY, IT IS ORDERED THAT, pursuant to section 503(b) of the
       Act, section 1.80(f)(4) of the Commission's rules, and authority
       delegated by sections 0.111 and 0.311 of the Commission's rules, each
       of the Companies listed in Appendix I of this Order are hereby LIABLE
       FOR A MONETARY FORFEITURE in the amount of twenty five thousand
       dollars ($25,000) each for willfully or repeatedly violating section
       64.2009(e) of the Commission's rules by failing to submit annual
       compliance certificates.

   10. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
       Commission's rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture, each of the
       Companies listed in Appendix I of this Order SHALL PAY the full amount
       of the proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   11. Payment of the forfeiture 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 Attachment I. 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). The Companies will
       also send electronic notification on the date said payment is made to
       johnny.drake@fcc.gov. Requests for full payment under an installment
       plan should be sent to:  Chief Financial Officer -- Financial
       Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 
       20554.   Please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures.

   12. The response, if any, must be mailed both to the Office of the
       Secretary, Federal Communications Commission, 445 12th Street, SW,
       Washington, DC 20554, ATTN: Enforcement Bureau - Telecommunications
       Consumers Division, and to Kimberly A. Wild, Assistant Division Chief,
       Telecommunications Consumers Division, Enforcement Bureau, Federal
       Communications Commission, 445 12th Street, SW, Washington, DC 20554,
       and must include the NAL/Acct. No. referenced in Attachment I.

   13. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices; or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail Return Receipt
       Requested and First Class Mail to the Companies' addresses of record.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

                                    APPENDIX


       Company Name     DBA   EB File Number      FRN       NAL Acct Number  

     Galaxy Internet          EB-08-TC-3954    0017648718    200932170405    
     Services, Inc.                                                          

     Intercel                                                                
     Telecoms Group,          EB-08-TC-4257    0014793905    200932170470    
     Inc.                                                                    

     RealConnect,             EB-08-TC-5196    0015331952    200932170608    
     Inc.                                                                    

     Saving Call, LLC         EB-08-TC-5304    0013258942    200932170731    

     VOIP Corporation         EB-08-TC-5872    0013612825    200932170871    

     Z-Telephony, LLC         EB-08-TC-6086    0015853450    200932170916    


   47 C.F.R. S: 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."

   47 C.F.R. S: 64.2001-2011.

   For purposes of the CPNI rules, the term "telecommunications carrier"
   includes an entity that provides interconnected VoIP service. 47 C.F.R. S:
   64.2003(o).

   See 47 C.F.R. S: 64.2009(e).  See also Enforcement Advisory No. 2010-01,
   DA 10-91 (rel. January 15, 2010).

   See Appendix I.

   Section 503(b)(2)(B) provides for forfeitures against common carriers of
   up to $150,000 for each violation or each day of a continuing violation up
   to a maximum of $1,500,000 for each continuing violation.  47 U.S.C. S:
   503(b)(2)(B). See Amendment of Section 1.80 of the Commission's Rules and
   Adjustment of Forfeiture Maxima to Reflect Inflation, 15 FCC Rcd 18221
   (2000); Amendment of Section 1.80 of the Commission's Rules and Adjustment
   of Forfeiture Maxima to Reflect Inflation, 19 FCC Rcd 10945 (2004);
   Amendment of Section 1.80 of the Commission's Rules and Adjustment of
   Forfeiture Maxima to Reflect Inflation, 23 FCC Rcd 9845 (2008) (increasing
   maximum forfeiture amounts to account for inflation). See also FCC
   Enforcement Advisory, DA 10-91 (rel. January 15, 2010).

   47 U.S.C. S: 503(b)(1)(B) (the Commission has authority under this section
   of the Act to assess a forfeiture penalty against a common carrier if the
   Commission determines that the carrier has "willfully or repeatedly"
   failed to comply with the provisions of the Act or with any rule,
   regulation, or order issued by the Commission under the Act); see also 47
   U.S.C. S: 503(b)(4)(A) (providing that the Commission must assess such
   penalties through the use of a written notice of apparent liability or
   notice of opportunity for hearing).

   Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).

   See Citation Letter from Marcy Green, Deputy Chief, Telecommunications
   Consumers Division to Galaxy Internet Services, Inc., Legal Department,
   dated Feb. 26, 2009; Citation Letter from Marcy Green, Deputy Chief,
   Telecommunications Consumers Division to Intercel Telecoms Group, Inc.,
   Legal Department, dated Feb. 26, 2009; Citation Letter from Marcy Green,
   Deputy Chief, Telecommunications Consumers Division to RealConnect, Inc.,
   Legal Department, dated Feb. 26, 2009; Citation Letter from Marcy Green,
   Deputy Chief, Telecommunications Consumers Division to Saving Call, LLC,
   Legal Department, dated Feb. 26, 2009; Citation Letter from Marcy Green,
   Deputy Chief, Telecommunications Consumers Division to VOIP Corporation,
   Legal Department, dated Feb. 26, 2009; Citation Letter from Marcy Green,
   Deputy Chief, Telecommunications Consumers Division to Z-Telephony, Legal
   Department, LLC, dated Feb. 26, 2009.

   See 47 U.S.C. S: 503(b)(2)(D); see also The Commission's Forfeiture Policy
   Statement and Amendment of Section 1.80 of the Commission's Rules, 12 FCC
   Rcd 17087 (1997) ("Forfeiture Policy Statement"); recon. denied, 15 FCC
   Rcd 303 (1999).

   Forfeiture Policy Statement, 12 FCC Rcd 17098-99, P: 22.

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

   See 47 C.F.R. S: 108(b)(4).

   47 U.S.C. S: 503(b)(4)(C); 47 C.F.R. S: 1.80(f)(3).

   47 C.F.R. S: 1.80(b)(4) (discussing factors the Commission or its designee
   will consider in deciding appropriate forfeiture amount).

   47 U.S.C. S: 503(b).

   47 U.S.C. S: 1.80(f)(4).

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

   47 C.F.R. S: 1.80.

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 10-293

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   Federal Communications Commission DA 10-293