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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No. EB-09-TC-087
Dezco Communications, Inc. ) NAL/Acct. No. 200932170046
Apparent Liability for Forfeiture ) FRN: 0012244745
)
)
ORDER
Adopted: July 26, 2011 Released: July 27, 2011
By the Chief, Telecommunications Consumers Division, Enforcement Bureau:
1. In this Order, which follows upon our Omnibus Notice of Apparent
Liability for Forfeiture ("Omnibus NAL"), we determine that no forfeiture
penalty should be imposed on Dezco Communications, Inc. ("Dezco
Communications").
2. In the Omnibus NAL, we found Dezco Communications apparently liable for
a forfeiture for repeatedly violating section 222 of the Communications
Act of 1934, as amended (the "Communications Act" or "Act"), section
64.2009(e) of the Commission's rules, and the Commission's EPIC CPNI
Order, because it appeared that the Company had not filed a timely CPNI
compliance certification for calendar years 2007 and 2008. Consistent with
section 503(b)(4) of the Act, Dezco Communications was granted an
opportunity to show, in writing, why no such forfeiture should be imposed.
3. Upon review of the record, and based upon additional information
provided by Dezco
Communications, we agree that no forfeiture penalty should be imposed.
4. 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, the proposed forfeiture issued to
Dezco Communications WILL NOT BE IMPOSED.
5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail
and Certified Mail Return Receipt Requested to Dezco Communications, Inc.,
Attn. Ronald F. Zeiler, President, 13506 S. Kenton St., Crestwood, IL
60445.
FEDERAL COMMUNICATIONS COMMISSION
Richard A. Hindman
Chief
Telecommunications Consumers Division
Enforcement Bureau
Annual CPNI Certification, Omnibus Notice of Apparent Liability for
Forfeiture, 25 FCC Rcd 1790 (Enf. Bur. 2010) ("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, 555 F.3d 996 (D.C. Cir. 2009).
(Continued from previous page)
(continued....)
Federal Communications Commission DA 11-1258
2
Federal Communications Commission DA 11-1258