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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No.: See Appendix
Annual CPNI Certification ) NAL/Acct.: No. See Appendix
Apparent Liability for Forfeiture ) FRN: See Appendix
)
)
ORDER
Adopted: November 10, 2011 Released: November 14, 2011
By the Chief, Telecommunications Consumers Division, Enforcement Bureau:
1. In this Order we determine that no forfeiture penalties should be
imposed on the companies listed in the Appendix.
2. In the various Notices of Apparent Liability listed in the Appendix we
found several companies apparently liable for forfeitures 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 they had not filed a compliant CPNI certification for
calendar year 2007. Consistent with section 503(b)(4) of the Act, each
of these companies 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 the companies, we agree that no forfeiture penalties
should be imposed on each of the companies listed in the Appendix.
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 the companies in the attached Appendix 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 each of the
companies in the attached Appendix.
FEDERAL COMMUNICATIONS COMMISSION
Richard A. Hindman
Chief
Telecommunications Consumers Division
Enforcement Bureau
APPENDIX
Company name and EB File No. NAL No. FRN NAL
address
800 Response 800 Response
Information Information
Services, LLC, Services, LLC,
attn.: Linda Notice of
Young, Vice EB-09-TC-057 200932170016 001380018 Apparent
President, Telecom Liability for
Plaza, 200 Church Forfeiture, 24
Street, FCC Rcd 1723
Burlington, VT (Enf. Bur. 2009)
05401
M & L Enterprises,
Inc. d/b/a Skyline
Telephone Company, M & L
Inc. Enterprises,
Inc. d/b/a
Attorney of Skyline
record: John A. Telephone
Prendergast, EB-09-TC-122 200932170081 0005058243 Company, Inc.,
Blooston, Notice of
Mordofsky, Apparent
Dickens, Duffy, & Liability for
Prendergast, LLP, Forfeiture, 24
2120 L Street, NW, FCC Rcd 1858
Suite 300, (Enf. Bur. 2009)
Washington, DC
20037
McClure Telephone McClure
Company Telephone
Company,
Attorney of Apparent
record: Gary M. EB-09-TC-123 200932170082 0017194317 Liability for
Zingeretti, ICORE, Forfeiture, 24
326 South 2nd FCC Rcd 1877
Street, Emmaus, PA (Enf. Bur. 2009)
18049
Commnet Wireless,
LLC Commnet
Wireless, LLC,
Attorney of Apparent
record: David J. EB-09-TC-126 200932170085 0007116403 Liability for
Kaufman, Rini Forfeiture, 24
Coran, PC, 1615 L FCC Rcd 1901
Street, NW, Suite (Enf. Bur. 2009)
1325, Washington,
DC 20036
One Touch India,
LLC One Touch India,
LLC, Notice of
Attorney of Apparent
record: Edward A. EB-09-TC-137 200932170096 0017064544 Liability for
Maldonado, 3399 NW Forfeiture, 24
72nd Ave., Suite FCC Rcd 2018
216, Miami, FL (Enf. Bur. 2009)
33122
Threshold Threshold
Communications, Communications,
Inc., attn.: Jeff Inc., Apparent
Matson, 16541 EB-09-TC-171 200932170130 0006357826 Liability for
Redmond Way, Forfeiture, 24
#245C, Redmond, WA FCC Rcd 1840
98052 (Enf. Bur. 2009)
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, 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 11-1877
Federal Communications Commission DA 11-1877