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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No. EB-08-TC-4257
)
Intercel Telecoms Group, Inc. NAL/Acct. No. 200932170470
)
Apparent Liability for Forfeiture FRN: 0014793905
)
)
ORDER
Adopted: October 24, 2011 Released: October 25, 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 Intercel Telecoms Group, Inc. (Intercel or
Company).
2. In the Omnibus NAL, we found Intercel 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, Intercel 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 Intercel, 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
Intercel 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 Intercel
Telecoms Group, Inc., Attn. Joseph Gatt, CEO, 3914 Centreville Rd., Suite
200, Chantilly, VA 20151.
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 1795 (Enf. Bur. 2010).
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 11-1771
2
Federal Communications Commission DA 11-1771