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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No. EB-10-TC-464
)
Cheap2Dial Telephone, LLC NAL/Acct. No.: 201132170020
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Apparent Liability for Forfeiture FRN: 0017385527
)
)
erratUM
Released: July 1, 2011
By the Chief, Enforcement Bureau:
On June 16, 2011, the Commission released a Notice of Apparent Liability
for Forfeiture (NALF), FCC 11-90, in the above-captioned proceeding. This
Erratum amends the NALF as indicated below:
1. A new footnote number 3 is added at the end of the second sentence in
the first paragraph and the text of the footnote should read as
follows: (the remaining footnotes are renumbered accordingly)
"See Letter from Mitchell F. Brecher, Counsel for Cheap2Dial Telephone,
LLC, to Kimberly A. Wild, Assistant Division Chief, Telecommunications
Consumers Division, Enforcement Bureau, Federal Communications Commission,
at Section II, Tab A and Tab B (Mar. 28, 2011) ("Response to Second
LOI")."
2. In paragraph 4, the third sentence is corrected by replacing "Billing
Concepts" with "Billing Concepts/USBI" in both instances and the
fourth and fifth sentence are corrected to read as follows:
"Generally, the third-party carrier supplies only a consumer's telephone
number and the amount to be charged to the billing aggregator, which
directs the LEC to place the charge on the consumer's telephone bill.
Proof of consumer authorization is not provided by the third-party carrier
nor required by the LEC."
3. Footnote 5 (which is now footnote 6) on page 2 of the NALF is
corrected by deleting the second sentence and its accompanying cite.
4. The last sentence of paragraph 19 is corrected to read as follows:
"On these facts, if a consumer did not authorize Cheap2Dial's service, the
mere act of sending an email or mail without requiring a response from the
consumer is not sufficient "verification."" Footnote 29 is unchanged.
5. The original footnote 33 on page 8 is deleted and remaining footnotes
are renumbered.
6. Paragraph 27 is corrected by replacing "S: 503(b)(5)" with "S:
503(b)."
7. Paragraph 32 is corrected by replacing "Mitchell F. Brecher, Greenberg
Traurig, LLP, 2101 L Street, N.W., Suite 1000, Washington, D.C. 20037"
with "Matthew Berry, Patton Boggs LLP, 2550 M Street, NW, Washington,
D.C. 20037."
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief
Enforcement Bureau
(Continued from previous page)
(continued....)
Federal Communications Commission
2
Federal Communications Commission