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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File Nos. EB-08-TC-3089,
) EB-07-TC-5001
Blue Casa Communications, Inc.
d/b/a Blue Casa Communications, LLC ) NAL/Acct. Nos. 200932170239,
200832170014
Apparent Liability for Forfeiture )
FRN: 0009051731
)
)
ORDER
Adopted: October 13, 2011 Released: October 14, 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), as well our Notice of Apparent
Liability for Forfeiture of February 18, 2008, we determine that no
forfeiture penalty should be imposed on Blue Casa Communications, Inc.
d/b/a Blue Casa Communications, LLC (Blue Casa or Company).
2. In the Omnibus NAL, we found Blue Casa apparently liable for a
forfeiture for 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 year 2007. Consistent with
section 503(b)(4) of the Act, Blue Casa was granted an opportunity to
show, in writing, why no such forfeiture should be imposed.
3. In the Feb. 18, 2008 NAL, we found that Blue Casa apparently violated
section 1.717 of the Commission's rules by failing to respond to two
informal complaints served on Blue Casa by the Consumers and
Governmental Affairs Bureau (CGB). Consistent with section 503(b)(4)
of the Act, Blue Casa was granted an opportunity to show, in writing,
why no such forfeiture should be imposed.
4. Upon review of the record, and based upon additional information
provided by Blue Casa, we agree that no forfeiture penalties should be
imposed on Blue Casa.
5. 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 forfeitures issued
to Blue Casa Communications, Inc. WILL NOT BE IMPOSED.
6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Katherine
Barker Marshall, Attorney, Arent Fox LLP, Attorneys at Law, 1050
Connecticut Avenue, N.W., Washington, D.C. 20036-5339.
FEDERAL COMMUNICATIONS COMMISSION
Richard A. Hindman
Chief
Telecommunications Consumers Division
Enforcement Bureau
Annual CPNI Certification, Omnibus Notice of Apparent Liability for
Forfeiture, 24 FCC Rcd 2299 (2009) (Omnibus NAL).
Blue Casa Communications, Inc., Notice of Apparent Liability for
Forfeiture, 23 FCC Rcd 2667 (2008) (Feb. 18, 2008 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).
47 C.F.R. S: 1.717.
Feb. 18, 2008 NAL, 23 FCC Rcd at 2667, para. 1.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 11-1710
2
Federal Communications Commission DA 11-1710