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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: April 27, 2011 Released: April 27, 2011
By the Chief, Telecommunications Consumers Division, Enforcement Bureau:
1. In this Order, which follows upon our Notice of Apparent Liability for
Forfeiture ("Omnibus NAL"), we determine that no forfeiture penalties
should be imposed on the companies listed in the Appendix.
2. In the Omnibus NAL, we found several companies apparently liable for
forfeitures in the amount of $25,000 each 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 they had not filed
a timely CPNI compliance certification for calendar years 2007 and 2008.
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 find that no forfeiture 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
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 address EB File No. NAL No. FRN
Advanza Telecom, Inc.
Attorney of record: Law
Office of Kristopher E. EB-08-TC-2890 0017029141 200932170194
Twomey, P.C. 1725 "I"
Street, N.W., Suite 300
Washington, D.C. 20006
G-Link Communications,
Inc.
Attorney of record: EB-09-TC-102 0016937807 200932170061
Russell Eddins, CEO 4396
Baldwin Avenue, Suite 30
Little River, SC
Annual CPNI Certification, Omnibus Notice of Apparent Liability for
Forfeiture, 25 FCC Rcd 1790 (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 (D.C. Cir. 2009).
(Continued from previous page)
(continued....)
Federal Communications Commission DA 11-742
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Federal Communications Commission DA 11-742