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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No. EB-08-TC-5142
)
Visionary Communications, Inc. NAL/Acct. No. 200932170689
)
Apparent Liability for Forfeiture FRN: 0018092593
)
)
ORDER
Adopted: September 1, 2009 Released: September 1, 2009
By the Acting Chief, Enforcement Bureau:
1. In this Order, we cancel a proposed forfeiture in the amount of twenty
thousand dollars ($20,000) issued to Visionary Communications, Inc.
("Visionary"). On February 24, 2009, the Bureau issued to Visionary a
Notice of Apparent Liability for Forfeiture ("Omnibus NAL") based on
Visionary's apparent violation of section 222 of the Communications
Act of 1934, as amended (the "Act"), section 64.2009(e) of the
Commission's rules, and the Commission's EPIC CPNI Order by failing to
timely file an annual compliance certification with the Bureau.
2. Upon review of the record, and based on additional information
provided by Visionary, we agree with Visionary that it was not
required to file a CPNI certification for calendar year 2007.
Visionary is not a telecommunications carrier, and had no
telecommunications customers during the 2007 calendar year.
Accordingly, we find that Visionary did not violate section 222 of the
Act, section 64.2009(e) of the Commission's rules, or the Commission's
EPIC CPNI Order. Consequently, we conclude that no forfeiture should
be imposed.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the
Communications Act of 1934, as amended ("Act"), and sections 0.111,
0.311 and 1.80(f) (4) of the Commission's rules, that the proposed
forfeiture in the amount of twenty thousand dollars ($20,000) issued
to Visionary Communications, Inc. in the February 24, 2009 Omnibus
Notice of Apparent Liability for Forfeiture IS CANCELLED.
4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Visionary,
to its attorney of record, attn: Thomas K. Crowe, 1250 24th Street,
NW, Suite 300, Washington, DC 20037.
FEDERAL COMMUNICATIONS COMMISSION
Suzanne M. Tetreault
Acting Chief, Enforcement Bureau
Annual CPNI Certification, Omnibus Notice of Apparent Liability for
Forfeiture, 24 FCC Rcd 2299 (Enf. Bur. 2009) ("Omnibus NAL").
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, No. 07-132, (D.C. Cir. decided Feb. 13, 2009).
47 U.S.C. S: 222.
47 C.F.R. S: 64.2009(e).
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(continued....)
Federal Communications Commission DA 09-1889
2
Federal Communications Commission DA 09-1889