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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                
                                                                             
     In the Matter of                       )                                
                                                EB-06-TC-4497                
     Hiawatha Broadband Communications,     )                                
     Inc.                                       NAL/Acct. No. 20073217 0042  
                                            )                                
     Apparent Liability for Forfeiture          FRN: 0006149223              
                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                


   ORDER

   Adopted: May 27, 2010 Released: May 28, 2010

   By the Chief, 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 Hiawatha
       Broadband Communications, Inc. ("HBC"). The Consent Decree terminates
       an investigation and Notice of Apparent Liability for Forfeiture
       ("NAL") by the Bureau against HBC for possible violation of section
       222 of the Communications Act of 1934, as amended ("Communications
       Act" or "Act"), 47 U.S.C. S: 222, and section 64.2009(e) of the
       Commission's rules, 47 C.F.R. S: 64.2009(e), regarding Shoreham's
       apparent failure to file a compliant annual customer proprietary
       network information ("CPNI") certification pursuant to 64.2009(e).

    2. The Bureau and HBC 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 HBC 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

   P. Michele Ellison

   Chief, Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                
                                                                             
     In the Matter of                       )                                
                                                EB-06-TC-4497                
     Hiawatha Broadband Communications,     )                                
     Inc.                                       NAL/Acct. No. 20073217 0042  
                                            )                                
     Apparent Liability for Forfeiture          FRN: 0006149223              
                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                


                                 CONSENT DECREE

   I. INTRODUCTION

   1. The Enforcement Bureau ("the Bureau") and Hiawatha Broadband
   Communications, Inc. ("HBC"), by their authorized representatives, hereby
   enter into this Consent Decree for the purpose of terminating the Bureau's
   investigation into HBC'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, and section 64.2009(e)
   of the Commission's rule, 47 C.F.R. S: 64.2009(e).

   II. 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 9.

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

    g. "HBC" means "Hiawatha Broadband Communications, Inc." and its
       predecessors-in-interest and its successors-in-interest.

    h. "Investigation" means the investigation commenced by the Bureau's
       December 5, 2006 Letter of Inquiry ("LOI") regarding whether HBC
       violated section 222 of the Communications Act and section 64.2009)(a)
       of the Commission's rules by failing to maintain a compliant customer
       proprietary network information ("CPNI") certification.

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

    j. "Parties" means HBC and the Commission.

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

   III. 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. 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.

   4. The Bureau has been investigating the adequacy of procedures
   implemented by telecommunications carriers to ensure confidentiality of
   their subscribers' CPNI based on concerns regarding the apparent
   availability to third parties of sensitive, personal subscriber
   information. For example, some companies, known as "data brokers" have
   advertised the availability of records of wireless subscribers' incoming
   and outgoing telephone calls for a fee. Data brokers have also advertised
   the availability of call information that relates to certain land line
   toll calls.

   5. As part of its inquiry into these issues, the Bureau sent an LOI to HBC
   on December 5, 2006, directing it to produce the compliance certificate
   for the previous five (5) years that it had prepared pursuant to section
   64.2009(e) of the Commission's rules. On December 12, 2006, HBC submitted
   a document in response to the Bureau's LOI. The Bureau concluded that the
   document submitted by HBC did not satisfy the requirements set forth in
   the rule and that HBC had apparently failed to comply with the requirement
   that it have a corporate officer with personal knowledge execute an annual
   certificate stating that the company has established operating procedures
   adequate to ensure compliance with the Commission's rules. Further, HBC
   did not provide any additional information in response to the Bureau's
   request to demonstrate that it had otherwise complied with the
   Commission's CPNI rules by preparing and maintaining a certificate that
   satisfied the requirements of section 64.2009(e). Finally, HBC failed to
   provide any compliance certificates for the years preceding the most
   recent one, executed February 2, 2006. Accordingly, on March 27, 2007, the
   Bureau released an NAL against HBC proposing a monetary forfeiture of
   $100,000 for its apparent failure to comply with section 64.2009(e) of the
   Commission's rules, and ordered the company either to pay the proposed
   forfeiture or file a written response within thirty (30) days of the NAL
   release date stating why the proposed forfeiture should be reduced or
   canceled. HBC filed its response to the NAL on April 27, 2007, seeking
   cancellation or reduction of the proposed forfeiture.

   IV. 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. HBC agrees that the Commission 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 Bureau 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 Commission.
   Any violation of the Adopting Order or of the terms of this Consent Decree
   shall constitute a separate violation of a Commission  Order, entitling
   the Commission to exercise any rights and remedies attendant to the
   enforcement of a Commission 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. In
   consideration for the termination of said investigation, HBC agrees to the
   terms, conditions, and procedures contained herein. The Bureau further
   agrees that 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 HBC 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 HBC with respect to HBC's basic qualifications, including
   its character qualifications, to be a Commission licensee or authorized
   common carrier or hold Commission authorizations.

   10. Compliance Plans. For purposes of settling the matters set forth
   herein and to help ensure compliance with the Commission's CPNI rules, HBC
   agrees to take all measures necessary to achieve full compliance with
   section 64.2009(e) of the of the Commission's rules. HBC agrees to train
   its personnel as to when they are or are not authorized to use CPNI. HBC
   further agrees to have an express disciplinary process in place for the
   unauthorized use of CPNI. Additionally, HBC agrees to submit a copy of its
   annual 64.2009(e) compliance certificate 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. HBC 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. Except as expressly
   provided in this Consent Decree, this Consent Decree shall not prevent the
   Commission or its delegated authority from investigating new evidence of
   noncompliance by HBC with the Act, the rules, or the Adopting Order or
   from adjudicating complaints filed pursuant to section 208 of the Act. The
   Commission's adjudication of any such complaints will be based solely on
   the record developed in that proceeding.

   12. Voluntary Contribution. HBC agrees that it will make a voluntary
   contribution to the United States Treasury in the amount of two thousand
   dollars ($2,000). The contribution will be made  within thirty (30)
   calendar days after the Effective Date of the Adopting Order. The 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 of 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. Payments
   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 23A (call sign/other ID),
   and enter the letters "FORF" in block number 24A (payment type code). HBC
   will also send electronic notification on the date said payment is made to
   Johnny Drake at Johnny.Drake@fcc.gov.

   13. Waivers. HBC 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
   Order adopting this Consent Decree, provided the Commission issues an
   Order adopting the Consent Decree without change, addition, modification,
   or deletion. HBC 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 HBC
   nor the Commission shall contest the validity of the Consent Decree or the
   Adopting Order, and HBC shall waive any statutory right to a trial de
   novo. HBC 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 HBC does not expressly consent) that
   provision will be superseded by such Commission rule or Order.

   16. Successors and Assigns. HBC 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 reflects a compromise and
   was entered into by HBC to avoid further cost and inconvenience of the
   investigation. Neither the Consent Decree nor the payment of monies
   pursuant to the Consent Decree is to be construed as an admission of
   liability or an admission of noncompliance with the requirements of the
   Act or the Commission's Rules and Orders. 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.

   ________________________________

   Kris A. Monteith

   Chief, Enforcement Bureau

   Federal Communications Commission

   ________________________________

   Date

   ________________________________

   Robert Bartz

   Vice President of Finance

   Hiawatha Broadband Communications, Inc.

   ________________________________

   Date

   47 U.S.C. S: 154(i), 503(b).

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

   47 C.F.R. S: 64.1120(c)(3)(ii).

   Letter from Marcy Greene, Deputy Division Chief, Telecommunications
   Consumers Division, Enforcement Bureau, Federal Communications Commission,
   to Robert Bartz, Vice President of Finance, HBC, December 5, 2006
   ("December 5 LOI").

   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."

   In the Matter of 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, FCC 98-27,
   Order and Further Notice of Proposed Rulemaking, 13 FCC Rcd 8061 (1998)
   ("CPNI Order"). See also, In the Matter of 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, FCC 99-223, Order on Reconsideration and Petitions for
   Forbearance 14 FCC Rcd 14409 (1999);  see also In the Matter of
   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).

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

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

   See id.

   See fn 3, supra.

   In the Matter of Hiawatha Broadband Communications, Inc., Notice of
   Apparent Liability for Forfeiture, 22 FCC Rcd 5501 (Enf. Bur. Rel. March
   28, 2007) ("NAL").

   Federal Communications Commission DA 10-832

   2

   2

   Federal Communications Commission DA 10-832