Federal Communications Commission DA 07-2300
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Burke’s Garden Telephone Company, Inc.
Apparent Liability for Forfeiture
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File No. EB-06-TC-4512
NAL/Acct. No. 20073217 0056
FRN: 0004942819
ORDER
Adopted:  June 4, 2007  Released:  June 4, 2007
By the Chief, Enforcement Bureau:
I. INTRODUCTION AND BACKGROUND
1. In this Order, we cancel a proposed forfeiture in the amount of four thousand dollars ($4,000) 
issued to Burke’s Garden Telephone Company, Inc. (“Burke’s Garden”) for apparent willful and repeated
violation of a Commission order for failure to respond to a directive of the Enforcement Bureau 
(“Bureau”) to provide certain information and documents related to the Bureau’s investigations into 
carrier protection of customer proprietary network information (“CPNI”).  
2. On January 27, 2007, the Bureau issued a Letter of Inquiry (“LOI”) to Burke’s Garden 
directing Burke’s Garden to provide the company’s CPNI compliance certificates for the previous five 
years, prepared pursuant to section 64.2009(e) of the Commission’s rules.1  On March 30, 2007, the 
Bureau issued a Notice of Apparent Liability for Forfeiture (“NAL”) in the amount of $4,000 to Burke’s 
Garden for failing to respond to a directive of the Bureau to provide certain information and documents 
related to the Bureau’s investigation into carrier protection of CPNI.2 Burke’s Garden filed a response to 
the NAL on April 3, 2007 (“Response”).  
II. DISCUSSION
3. Burke’s Garden’s April 3, 2007 response to the NAL includes a one-page policy document 
from the company, as well as a certified mail receipt showing that the document was received by the 
Commission on February 12, 2007.  However, the document does not include any identifying case 
number or cover letter indicating to what it is responding.  Pursuant to the January 30, 2007 LOI sent to 
Burke’s Garden, the company was required to direct the original of its response to Marcy Greene, Deputy 
Division Chief, Telecommunications Consumers Division, Enforcement Bureau and submit its response 
via hand-delivery and via email with all attachments to christopher.olsen@fcc.gov and 
marcy.greene@fcc.gov. Burke’s Garden failed to submit its response in accordance with the 
requirements of the LOI. Companies such a Burke’s Garden have a duty to follow all instructions 
  
1 Letter from Marcy Greene, Deputy Division Chief, Telecommunications Consumers Division, Enforcement 
Bureau to Ms. Sue B. Moss, Mr. Stephen H. Peery, Richard Snapp, and Mr. Ralph L. Frye, Burke’s Garden 
Telephone Company, Inc. (January 27, 2007) (“LOI”).  See 47 C.F.R. § 64.2009(e).
2  Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732170056 (E.B., rel. March 30, 2007).
Federal Communications Commission DA 07-2300
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contained in the LOI to ensure that their responses are addressed to the appropriate individuals and 
received. Despite Burke’s Garden’s failure to carefully adhere to the instructions in the LOI, we exercise 
our discretion to cancel the proposed forfeiture against the company in this case, because it has provided 
evidence that it did file a timely response, and does not make frequent filings with the Commission.  We 
strongly caution Burke’s Garden to carefully follow all relevant instructions in Commission directives 
when dealing with the Commission in the future.
4. Based on our review of Burke’s Garden’s Response and the record, we find that Burke’s 
Garden did not willfully and repeatedly violate a Commission order by failing to respond to a directive of 
the Bureau.  Consequently, we conclude that no forfeiture should be imposed.  
5. 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 four thousand dollars ($4,000) issued to 
Burke’s Garden Telephone Company, Inc., in the March 30, 2007, Notice of Apparent Liability for 
Forfeiture for willful and repeated violations of a Commission order IS CANCELLED.  
6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and 
Certified Mail Return Receipt Requested to Burke’s Garden Telephone Company, Inc., at its address of 
record.  
FEDERAL COMMUNICATIONS COMMISSION
Kris A. Monteith
Chief, Enforcement Bureau