Federal Communications Commission DA 08-458 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Habla Communicaciones, Inc. Apparent Liability for Forfeiture ) ) ) ) ) ) ) File No. EB-06-TC-4521 NAL/Acct. No. 200732170049 FRN: 0010654929 ORDER Adopted: May 2, 2008 Released: May 2, 2008 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we cancel a proposed forfeiture in the amount of four thousand dollars ($4,000) issued to Habla Communicaciones, Inc. (“Habla” or “Company”) for its 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 December 12, 2006, the Bureau issued a Letter of Inquiry (“LOI”) to Habla directing Habla 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 four thousand dollars ($4,000) to Habla 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 The NAL was sent by certified mail to Habla’s last known address. Habla has not filed a response to the NAL nor has Habla paid the proposed forfeiture amount. Subsequent to the issuance of the NAL, the Bureau received confirmation from the Texas Public Utilities Commission that Habla had ceased its operations. 3. We find that cancellation of the NAL under these circumstances is warranted. Prosecution of the forfeiture will cause the Commission to incur costs, with no reasonable hope of recovery. However, we emphasize that our decision to rescind the proposed forfeiture in no way exonerates Habla for its apparent violation of a Commission order. 4. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 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, the proposed forfeiture in the amount if four thousand dollars ($4,000) issued to 1 Letter from Marcy Greene, Deputy Division Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications Commission, to Randell Brooks, Vice President, Habla Communicaciones, Inc. (Dec. 12, 2006) (“LOI”). 2 Habla Communicaciones, Inc., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 6308 (2007) (“NAL”). Federal Communications Commission DA 08-458 2 Habla Communicaciones, Inc. in the March 30, 2007 Notice of Apparent Liability for Forfeiture for willful and repeated violation of a Commission directive IS CANCELED. 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 HABLA COMMUNICACIONES, INC. to its last known address of record. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau