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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                        )                            
                                                                     
                                        )                            
                                                                     
                                        )   File No.: EB-11-IH-0610  
     In the Matter of                                                
                                        )   Acct. No.: 201232080017  
     Bay Springs Communications, Inc.                                
                                        )   FRN: 0015518269          
                                                                     
                                        )                            
                                                                     
                                        )                            


                                     ORDER

   Adopted: February 24, 2012 Released: February 24, 2012

   By the Acting Chief, Investigations and Hearings Division, Enforcement
   Bureau:

    1. In this Order, we adopt a Consent Decree entered into between the
       Enforcement Bureau (Bureau) and Bay Springs Communications, Inc.
       (BSCI). The Consent Decree terminates an investigation by the Bureau
       against BSCI for possible violations of Sections 9(a)(1), 225,
       251(e)(2), and 254(d) of the Communications Act of 1934, as amended
       (Act), and Sections 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706,
       54.711, 64.604, and 64.1195 of the Commission's rules (Rules)
       concerning various regulatory fee and reporting obligations as well as
       required contributions to the Universal Service Fund, the
       Telecommunications Relay Service Fund, and the North American
       Numbering Plan and Local Number Portability administration. The
       Consent Decree also terminates an investigation by the Bureau into
       possible violations of Section 222 of the Act, Section 64.2009(e) of
       the Rules, and the Commission's EPIC CPNI Order regarding BSCI's
       customer proprietary network information obligations.

    2. A copy of the Consent Decree negotiated by the Bureau and BSCI is
       attached hereto and incorporated herein by reference.

    3. After reviewing the terms of the Consent Decree and evaluating the
       facts before us, we find that the public interest would be served by
       adopting the Consent Decree and terminating the investigation.

    4. In the absence of material new evidence relating to this matter, we
       conclude that our investigation raises no substantial or material
       questions of fact as to whether BSCI possesses the basic
       qualifications, including those related to character, to hold or
       obtain any Commission license or authorization.

    5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b)
       of the Act, and Sections 0.111 and 0.311 of the Rules, the Consent
       Decree attached to this Order IS ADOPTED.

    6. IT IS FURTHER ORDERED that the above-captioned investigation IS
       TERMINATED.

    7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
       shall be sent by first class mail and certified mail, return receipt
       requested, to Thomas J. Moorman, Woods & Aitken LLP, 2154 Wisconsin
       Ave., NW, Suite 200, Washington, DC 20007.

   FEDERAL COMMUNICATIONS COMMISSION

   Theresa Z. Cavanaugh

   Acting Chief

   Investigations and Hearings Division

   Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                        )                            
                                                                     
                                        )                            
                                                                     
                                        )   File No.: EB-11-IH-0610  
     In the Matter of                                                
                                        )   Acct. No.: 201232080017  
     Bay Springs Communications, Inc.                                
                                        )   FRN: 0015518269          
                                                                     
                                        )                            
                                                                     
                                        )                            


                                 CONSENT DECREE

    1. The Enforcement Bureau of the Federal Communications Commission and
       Bay Springs Communications, Inc., by their authorized representatives,
       hereby enter into this Consent Decree for the purpose of terminating
       the Bureau's investigation into whether BSCI violated Sections
       9(a)(1), 225, 251(e)(2), and 254(d) of the Communications Act of 1934,
       as amended, and Sections 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706,
       54.711, 64.604, and 64.1195 of the Commission's rules, concerning the
       following issues: (1) payment of annual regulatory fees; (2) filing of
       international telecommunications traffic reports; (3) contributions to
       the Universal Service Fund and Telecommunications Relay Services Fund;
       (4) contributions to the cost-recovery mechanisms for North American
       Numbering Plan and Local Number Portability administration; and (5)
       the reporting of information as set forth on the Telecommunications
       Reporting Worksheets.  The Consent Decree also terminates an
       investigation by the Bureau for possible violations of Section 222 of
       the Act, Section 64.2009(e) of the Rules, and the Commission's EPIC
       CPNI Order, regarding BSCI's apparent failure to timely file compliant
       annual customer proprietary network information certifications
       pursuant to Section 64.2009(e).

   I. DEFINITIONS

    2. For the purposes of this Consent Decree, the following definitions
       shall apply:

    a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
       S: 151 et seq.

    b. "Adopting Order" means an Order of the Commission adopting the terms
       of this Consent Decree without change, addition, deletion, or
       modification.

    c. "BSCI" means Bay Springs Communications, Inc. and its
       predecessors-in-interest and successors-in-interest.

    d. "Bureau" means the Enforcement Bureau of the Federal Communications
       Commission.

    e. "Commission" and "FCC" mean the Federal Communications Commission and
       all of its bureaus and offices.

    f. "Communications Laws" means collectively, the Act, the Rules, and the
       published and promulgated orders and decisions of the Commission to
       which BSCI is subject by virtue of its business activities.

    g. "Company" means Bay Springs Communications, Inc. and its
       predecessors-in-interest and successors-in-interest.

    h. "Compliance Plan" means the plan described in this Consent Decree at
       paragraph 17.

    i. "Covered CPNI Employees" means all employees and agents of BSCI who
       perform, or supervise, oversee, or manage the performance of, duties
       that relate to BSCI's responsibilities under the CPNI Rules.

    j. "CPNI" means customer proprietary network information.

    k. "CPNI Rules" means Section 222 of the Act, Section 64.2009(e) of the
       Rules, the EPIC CPNI Order, and other provisions of the Act, the
       Rules, and Commission orders governing a telecommunications carrier's
       use of CPNI.

    l. "Effective Date" means the date on which the Commission releases the
       Adopting Order.

    m. "Federal Regulatory Reporting and Contribution Rules" means Sections
       9, 225, 251(e)(2), and 254(d) of the Act, Sections 1.1154, 1.1157,
       43.61, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Rules,
       and other provisions of the Act, the Rules, and Commission orders
       governing federal regulatory reporting and contribution obligations.

    n. "Investigation" means  the investigation initiated by the Bureau in
       File No. EB-11-IH-0610 in response to BSCI's voluntary disclosure
       regarding possible violations of Sections 9, 222, 225, 251(e)(2), and
       254(d) of the Act, Sections 1.1154, 1.1157, 43.61, 52.17, 52.32,
       54.706, 54.711, 64.604, 64.1195, and 64.2009(e) of the Rules, and the
       Commission's EPIC CPNI Order.

    o. "LNP" means Local Number Portability.

    p. "NANP" means the North American Numbering Plan.

    q. "Parties" means Bay Springs Communications, Inc. and the Bureau, and
       each a "Party."

    r. "Rules" means the Commission's regulations found in Title 47 of the
       Federal Regulations.

    s. "TRS" means Telecommunications Relay Services.

    t. "USF" means the Universal Service Fund.

   II. BACKGROUND

   A. Federal Regulatory Reporting and Contribution Obligations

    3. Pursuant to Section 254(d) of the Act and Sections 54.706 and 54.711
       of the Rules, telecommunications service providers that provide
       interstate telecommunications services are required to file annual and
       quarterly Telecommunications Reporting Worksheets (FCC Form 499-A and
       FCC Form 499-Q) and contribute to the federal USF. Pursuant to Section
       64.1195 of Rules, interstate telecommunications carriers are required
       to file registration information on FCC Form 499-A.

    4. Pursuant to Section 225(b)(1) of the Act and Section 64.604 of the
       Rules, providers of interstate telecommunications services are
       required to contribute to the TRS Fund.

    5. Pursuant to Section 251(e) of the Act and Sections 52.17 and 52.32 of
       the Rules, telecommunications service providers are required to
       contribute to the costs of establishing numbering administration and
       local number portability.

    6. Pursuant to Section 9(a)(1) of the Act and Sections 1.1154 and 1.1157
       of the Rules, interstate telecommunications carriers are required to
       pay regulatory fees.

    7. Pursuant to Section 43.61 of the Rules, common carriers engaged in
       providing international telecommunications service between the area
       comprising the continental United States, Alaska, Hawaii, and offshore
       U.S. points and any country or point outside that area are required to
       file reports of international telecommunications traffic.

   B. CPNI Obligations

    8. Section 222 of the Act imposes the general duty on all
       telecommunications carriers to protect the confidentiality of their
       subscribers' proprietary information. The Commission has issued rules
       implementing Section 222 of the Act. The Commission requires carriers
       to establish and maintain a system designed to ensure that carriers
       adequately protect their subscribers' CPNI. Section 64.2009(e) of the
       Rules is one such requirement.

    9. In 2006, some companies, known as "data brokers," advertised the
       availability of records of wireless subscribers' incoming and outgoing
       telephone calls for a fee. Data brokers also advertised the
       availability of certain landline toll calls. On April 2, 2007, the
       Commission strengthened its privacy rules with the release of the EPIC
       CPNI Order,  which adopted additional safeguards to protect CPNI
       against unauthorized access and disclosure. The EPIC CPNI Order was
       directly responsive to the actions of databrokers, or pretexters, to
       obtain unauthorized access to CPNI. The EPIC CPNI Order  requires that
       all companies subject to the CPNI rules file annually, on or before
       March 1, a certification with the Commission pursuant to amended rule
       47 C.F.R. S: 64.2009(e). Additionally, companies must now provide with
       their certification "an explanation of any actions taken against data
       brokers and a summary of all customer complaints received in the past
       year concerning the unauthorized release of CPNI."

   C. Investigation

   10. BSCI is a small competitive local exchange carrier based in
       Mississippi that offers interstate and international
       telecommunications services. BSCI began operations in November 2006
       and is subject to the requirements discussed in paragraphs 3 through 9
       above.

   11. In March 2011, BSCI voluntarily disclosed to the Bureau potential
       violations of the Act and the Rules involving federal regulatory
       reporting, contribution, and CPNI obligations.

   12. As of the Effective Date, BSCI has paid all invoiced amounts to the
       USF, TRS Fund, cost recovery mechanisms for NANP and LNP
       administration, and regulatory fees, as well as complied with the
       regulatory reporting and CPNI obligations discussed above. BSCI
       provided financial information documenting its inability to pay a
       large forfeiture.

   III. TERMS OF AGREEMENT

   13. Adopting Order. The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order.

   14. Jurisdiction. BSCI agrees that the Bureau has jurisdiction over it and
       the matters contained in this Consent Decree and has the authority to
       enter into and adopt this Consent Decree.

   15. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the Effective Date. Upon release, the
       Adopting Order and this Consent Decree shall have the same force and
       effect as any other Order of the Bureau. Any violation of the Adopting
       Order or of the terms of this Consent Decree shall constitute a
       separate violation of a Bureau Order, entitling the Bureau to exercise
       any rights and remedies attendant to the enforcement of a Commission
       order.

   16. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate its
       Investigation. In consideration for the termination of said
       Investigation, BSCI agrees to the terms, conditions, and procedures
       contained herein. The Bureau further agrees that, in the absence of
       new material evidence, the Bureau will not use the facts developed in
       this Investigation through the Effective Date, or the existence of
       this Consent Decree, to institute, on its own motion, any new
       proceeding, formal or informal, or take any action on its own motion
       against BSCI concerning the matters that were the subjects of the
       Investigation. The Bureau also agrees that it will not use the facts
       developed in this Investigation through the Effective Date, or the
       existence of this Consent Decree, to institute on its own motion any
       proceeding, formal or informal, or take any action on its own motion
       against BSCI with respect to BSCI's basic qualifications, including
       its character qualifications, to be a Commission licensee or hold
       Commission authorizations.

   17. Compliance Plan. For purposes of settling the matters set forth
       herein,  BSCI agrees to implement a Compliance Plan related to future
       compliance with the Communications Laws. The Compliance Plan must
       include, at a minimum, the following components:

    a. Compliance Officer. Within thirty (30) calendar days of the Effective
       Date, BSCI will designate a Compliance Officer who will administer the
       Compliance Plan, supervise BSCI's compliance with the Communications
       Laws, and serve as the point of contact on behalf of BSCI for all
       FCC-related compliance matters.

    b. Compliance Manual. Within sixty (60) calendar days of the Effective
       Date, the Compliance Officer will develop and distribute a Compliance
       Manual to employees and others who perform duties at BSCI that trigger
       or may trigger compliance-related responsibilities. The Compliance
       Manual will include, at a minimum, an overview of the Federal
       Regulatory Reporting and Contribution Rules, including (i) the payment
       of annual regulatory fees; (ii) contributions to the USF and TRS Fund;
       (iii) contributions to cost-recovery mechanisms for NANP and LNP
       administration; (iv) the submission of information as set forth on the
       Telecommunications Reporting Worksheets; and (v) the submission of
       international telecommunications traffic reports. The Compliance
       Manual will also set forth a schedule of filing and payment dates
       associated with these regulatory reporting and contribution
       obligations. BSCI will create compliance notifications that alert BSCI
       personnel to upcoming filing and payment dates. The Compliance Manual
       will require personnel to contact BSCI's Compliance Officer, and if
       appropriate, regulatory legal counsel, with any questions or concerns
       that arise with respect to BSCI's federal regulatory reporting and
       contribution obligations.

    c. Compliance Training Program. Within ninety (90) calendar days after
       the Effective Date, and annually thereafter, BSCI shall implement and
       conduct a training program on compliance with the Federal Regulatory
       Reporting and Contribution Rules for all employees who perform duties
       at BSCI that trigger or may trigger compliance-related
       responsibilities. BSCI shall ensure that training and compliance
       materials are provided to new and reassigned employees who are
       responsible for fulfilling those obligations within the first thirty
       (30) calendar days of employment or reassignment.

    d. Review and Monitoring. BSCI will review the Compliance Manual and
       Compliance Training Program at least annually to ensure that they are
       complete and otherwise properly maintained and continue to address
       BSCI's compliance with the Federal Regulatory Reporting and
       Contribution Rules, and will update the Compliance Manual and
       Compliance Training Program in the event of changes and/or additions
       to the relevant sections of the Communications Laws.

    e. CPNI Compliance Measures, Training, and Disciplinary Process. BSCI
       agrees to take all measures necessary to achieve full compliance with
       the CPNI Rules. BSCI agrees that within thirty (30) calendar days
       after the Effective Date, Covered CPNI Employees shall be trained as
       to when they are and are not authorized to use CPNI. As part of the
       CPNI training, Covered CPNI Employees shall be advised of BSCI's
       obligation to report any non-compliance with the CPNI Rules under
       paragraph 17(f) of this Consent Decree and shall be instructed on how
       to disclose non-compliance to the Compliance Officer. BSCI further
       agrees to have an express disciplinary process in place for the
       unauthorized use of CPNI within thirty (30) calendar days after the
       Effective Date. Additionally, BSCI agrees to submit for each of three
       (3) years following the Effective Date of this Consent Decree a copy
       of its annual Section 64.2009(e) compliance certificate, which it is
       required to file annually in EB Docket 06-36, to the Chief,
       Telecommunications Consumers Division, Enforcement Bureau, Federal
       Communications Commission, 445 12th Street, S.W., Room 4-C244,
       Washington, D.C. 20554. BSCI must also send an electronic copy of its
       certification to other Telecommunications Consumers Division staff as
       directed by the Telecommunications Consumers Division Chief.

    f. Reporting Non-Compliance. BSCI will report any non-compliance with
       this Consent Decree, the Federal Regulatory Reporting and Contribution
       Rules, the CPNI Rules, or related Commission orders to the Bureau
       within fifteen (15) days after the discovery of non-compliance.

    g. Compliance Reports. BSCI will file compliance reports with the
       Commission ninety (90) days after the Effective Date, twelve (12)
       months after the Effective Date, twenty-four (24) months after the
       Effective Date, and upon expiration of this Consent Decree, three (3)
       years after the Effective Date. Each compliance report shall include a
       compliance certificate from the Compliance Officer, as an agent of
       BSCI, stating that the Compliance Officer has personal knowledge that
       BSCI: (i) has established operating procedures intended to ensure
       compliance with the terms and conditions of this Consent Decree, the
       Federal Regulatory Reporting and Contribution Rules, and the CPNI
       Rules, together with an accompanying statement explaining the basis
       for the Compliance Officer's certification; (ii) has been utilizing
       those procedures since the previous Compliance Report was submitted;
       and (iii) is not aware of any instances of non-compliance. The
       certification must comply with Section 1.16 of the Rules and be
       subscribed to as true under penalty of perjury in substantially the
       form set forth therein. If the Compliance Officer cannot provide the
       requisite certification, the Compliance Officer, as an agent of and on
       behalf of BSCI, shall provide the Commission with a detailed
       explanation of: (i) any instances of non-compliance with this Consent
       Decree and the Rules, and (ii) the steps that BSCI has taken or will
       take to remedy each instance of non-compliance and ensure future
       compliance, and the schedule on which proposed remedial actions will
       be taken. All compliance reports shall be submitted to the Chief,
       Investigations and Hearings Division, Enforcement Bureau, Federal
       Communications Commission, Room 4-C330, 445 12th Street, S.W.,
       Washington, D.C. 20554, with a copy submitted electronically to Terry
       Cavanaugh at Terry.Cavanaugh@fcc.gov, Pamela S. Kane at
       Pamela.Kane@fcc.gov, and Edward Smith at Edward.Smith@fcc.gov.

    h. Termination Date. The requirements of this Compliance Plan shall
       expire thirty-six (36) months after the Effective Date, except that
       the requirements of paragraph 17(e) shall expire thirty-six (36)
       months after the Effective Date or upon the termination of the
       certification requirement set forth in Section 64.2009(e) of the
       Rules, whichever is earlier.

   18. Section 208 Complaints: Subsequent Investigations. Nothing in this
       Consent Decree shall prevent the Commission or its delegated authority
       from adjudicating complaints filed pursuant to Section 208 of the Act
       against BSCI or its affiliates for alleged violations of the Act, or
       for any other type of alleged misconduct, regardless of when such
       misconduct took place. The Commission's adjudication of any such
       complaint will be based solely on the record developed in that
       proceeding. Except as expressly provided in this Consent Decree, this
       Consent Decree shall not prevent the Commission from investigating new
       evidence of noncompliance by BSCI with the Communications Laws.

   19. Voluntary Contribution. BSCI agrees that it will make a voluntary
       contribution to the United States Treasury in the amount of sixteen
       thousand dollars ($16,000). The contribution will be made within
       thirty (30) calendar days after the Effective Date of the Adopting
       Order. The  payment must be made by check or similar instrument,
       payable to the Order of the Federal Communications Commission. The
       payment must include the Account Number and FRN referenced in the
       caption to the Adopting Order. Payment by check or money order may be
       mailed to the Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
       Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza,
       St. Louis, MO 63101. Payment by wire transfer may be made to ABA
       Number 021030004, receiving bank Federal Reserve Bank of New York, and
       account number 27000001. For payments by credit card, an FCC Form 159
       (Remittance Advice) must be submitted. When completing the FCC Form
       159, enter the Account Number in block number 23A (call sign/other
       ID), and enter the letters "FORF" in block number 24A (payment type
       code). BSCI will also send electronic notification to Terry Cavanaugh
       at Terry.Cavanaugh@fcc.gov, Pamela S. Kane at Pamela.Kane@fcc.gov, and
       Edward Smith at Edward.Smith@fcc.gov on the date said payment is made.

   20. Waivers. BSCI waives any and all rights it may have to seek
       administrative or judicial reconsideration, review, appeal or stay, or
       to otherwise challenge or contest the validity of this Consent Decree
       and the Adopting Order, provided the Commission issues the Adopting
       Order adopting the Consent Decree without change, addition,
       modification, or deletion. BSCI shall retain the right to challenge
       Commission interpretation of the Consent Decree or any terms contained
       herein. If either Party (or the United States on behalf of the
       Commission) brings a judicial action to enforce the terms of the
       Adopting Order, neither BSCI nor the Commission shall contest the
       validity of the Consent Decree or the Adopting Order, and BSCI shall
       waive any statutory right to a trial de novo. BSCI hereby agrees to
       waive any claims it may otherwise have under the Equal Access to
       Justice Act, relating to the matters addressed in this Consent Decree.

   21. Invalidity. In the event that this Consent Decree in its entirety is
       rendered invalid by any court of competent jurisdiction, it shall
       become null and void and may not be used in any manner in any legal
       proceeding.

   22. Subsequent Rule or Order. The Parties agree that if any provision of
       the Consent Decree conflicts with any subsequent rule or order adopted
       by the Commission (except an order specifically intended to revise the
       terms of this Consent Decree to which BSCI does not expressly consent)
       that provision will be superseded by such Commission rule or order.

   23. Successors and Assigns. BSCI agrees that the provisions of this
       Consent Decree shall be binding on its successors, assigns, and
       transferees.

   24. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the parties. The
       Parties further agree that this Consent Decree does not constitute
       either an adjudication on the merits or a factual or legal finding or
       determination regarding any compliance or noncompliance with the
       requirements of the Communications Laws.

   25. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   26. Paragraph Headings. The headings of the paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   27. Authorized Representative. Each Party represents and warrants to the
       other that it has full power and authority to enter into this Consent
       Decree.

   28. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.


     ________________________________       
                                            
     Theresa Z. Cavanaugh                   
                                            
     Acting Chief                           
                                            
     Investigations and Hearings Division   
                                            
     Enforcement Bureau                     
                                            
     ________________________________       
                                            
     Date                                   
                                            
     ________________________________       
                                            
     James Garner                           
                                            
     Vice President of Operations           
                                            
     Bay Springs Communications, Inc.       
                                            
     ________________________________       
                                            
     Date                                   


   47 U.S.C. S:S: 159(a)(1), 225, 251(e)(2), 254(d).

   47 C.F.R. S:S: 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711,
   64.604, 64.1195.

   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).

   47 U.S.C. S:S: 154(i), 503(b).

   47 C.F.R. S:S: 0.111, 0.311.

   47 U.S.C. S:S: 159(a)(1), 225, 251(e)(2), 254(d).

   47 C.F.R. S:S: 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711,
   64.604, 64.1195.

   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).

   47 U.S.C. S:S: 159, 225, 251(e)(2), 254(d).

   47 C.F.R. S:S: 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711,
   64.604.

   47 U.S.C. S:S: 159, 222, 225, 251(e)(2), 254(d).

   47 C.F.R. S:S: 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711,
   64.604, 64.1195, 64.2009(e).

   EPIC CPNI Order, 22 FCC Rcd 6927.

   See 47 U.S.C. S: 254(d); 47 C.F.R. S:S: 54.706, 54.711.

   See 47 C.F.R. S: 64.1195.

   See 47 U.S.C. S: 225(b)(1); 47 C.F.R. S: 64.604.

   See 47 U.S.C. S: 251(e); 47 C.F.R. S:S: 52.17, 52.32.

   47 U.S.C. S: 159(a)(1); 47 C.F.R. S:S: 1.1154, 1.1157.

   47 C.F.R. S: 43.61.

   Section 222 of the Act, 47 U.S.C S: 222, provides that: "Every
   telecommunications carrier has a duty to protect the confidentiality of
   proprietary information of, and relating to, other telecommunications
   carriers, equipment manufacturers, and customers, including
   telecommunication carriers reselling telecommunications services provided
   by a telecommunications carrier." Prior to the 1996 Act, the Commission
   had established CPNI requirements applicable to the enhanced services
   operations of AT&T, the Bell Operating Companies (BOCs), and GTE, and the
   customer premises equipment (CPE) operations of AT&T and the BOCs, in the
   Computer II, Computer III, GTE Open Network Architecture (ONA), and BOC
   CPE Relief proceedings. See Implementation of the Telecommunications Act
   of 1996: Telecommunications Carriers' Use of Customer Proprietary Network
   Information and Other Customer Information and Implementation of
   Non-Accounting Safeguards of Sections 271 and 272 of the Communications
   Act of 1934, as amended, Second Report and Order and Further Notice of
   Proposed Rulemaking, 13 FCC Rcd 8061, 8068-70 (1998) (CPNI Order)
   (describing the Commission's privacy protections for confidential customer
   information in place prior to the 1996 Act).

   See CPNI Order. See also  Implementation of the Telecommunications Act of
   1996: Telecommunications Carriers' Use of Customer Proprietary Network
   Information and Other Customer Information and Implementation of the
   Non-Accounting Safeguards of Sections 271 and 272 of the Communications
   Act of 1934, as amended, Order on Reconsideration and Petitions for
   Forbearance, 14 FCC Rcd 14409 (1999);  Implementation of the
   Telecommunications Act of 1996: Telecommunications Carriers' Use of
   Customer Proprietary Network Information and Other Customer Information
   and Implementation of the Non-Accounting Safeguards of Sections 271 and
   272 of the Communications Act of 1934, as amended; 2000 Biennial
   Regulatory Review-Review of Policies and Rules Concerning Unauthorized
   Changes of Consumers' Long Distance Carriers, Third Report and Order and
   Third Further Notice of Proposed Rulemaking, 17 FCC Rcd 14860 (2002); EPIC
   CPNI Order.

   See, e.g., http://www.epic.org/privacy/iei/.

   See id.

   See  EPIC CPNI Order, 22 FCC Rcd 6927. Specifically, pursuant to Section
   64.2009(e): A telecommunications carrier must have an officer, as an agent
   of the carrier, sign and file with the Commission a compliance certificate
   on an annual basis. The officer must state in the certification that he or
   she has personal knowledge that the company has established operating
   procedures that are adequate to ensure compliance with the rules in this
   subpart. The carrier must provide a statement accompanying the
   certification explaining how its operating procedures ensure that it is or
   is not in compliance with the rules in this subpart. In addition, the
   carrier must include an explanation of any actions taken against data
   brokers and a summary of all customer complaints received in the past year
   concerning the unauthorized release of CPNI. This filing must be made
   annually with the Enforcement Bureau on or before March 1 in EB Docket No.
   06-36, for data pertaining to the previous calendar year. See 47 C.F.R. S:
   64.2009(e).

   See EPIC CPNI Order, 22 FCC Rcd at 6928.

   See id. at 6953; 47 C.F.R. S: 64.2009(e).

   EPIC CPNI Order, 22 FCC Rcd at 6953.

   See 47 U.S.C. S: 503(b)(2)(E); 47 C.F.R. S: 1.80(b)(6).

   See id. S: 1.16.

   See 47 U.S.C. S: 208.

   See 5 U.S.C. S: 504; 47 C.F.R. Part 1, Subpart K.

   Federal Communications Commission DA 12-267

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   Federal Communications Commission DA 12-267