Federal Communications Commission DA 09-1593
Before the
Federal Communications Commission
Washington, D.C.  20554
In the Matter of
PriorityOne Telecommunications, Inc.
Apparent Liability for Forfeiture
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File No. EB-09-TC-143
NAL/Acct. No. 200932170102
FRN: 0004272373
ORDER
Adopted:  July 24, 2009 Released: July 24, 2009
By the Chief, Enforcement Bureau:
I. INTRODUCTION AND BACKGROUND
1. In this Order, we cancel a proposed forfeiture in the amount of three thousand dollars 
($3,000) issued to PriorityOne Telecommunications, Inc. (“PriorityOne”) for apparent violation of section 
222 of the Communications Act of 1934, as amended (the “Act”),1 section 64.2009(e) of the 
Commission’s rules,2 and the Commission’s EPIC CPNI Order,3 by failing to timely file an compliant 
annual customer proprietary network information (“CPNI”) compliance certification with the 
Commission on or before March 1, 2008.  
2. On February 29, 2008, PriorityOne filed a certification pursuant to section 64.2009(e) of 
the Commission’s rules with the Commission’s Secretary.  In reviewing the certifications filed, the 
Bureau determined that the certification filed by PriorityOne did not comply with the requirements of the 
rule.  In particular, the Bureau determined that the certification was not signed by an officer of the 
company with personal knowledge and lacked an explanation of actions taken against databrokers.  
Accordingly, the Bureau issued to PriorityOne a Notice of Apparent Liability for Forfeiture (“NAL”)4
proposing a forfeiture in the amount of three thousand dollars ($3,000) based on PriorityOne’s apparent 
violation of section 222 of the Act,5 section 64.2009(e) of the Commission’s rules,6 and the Commission’s 
  
1 47 U.S.C. § 222.
2 47 C.F.R. § 64.2009(e).
3 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).
4 PriorityOne Telecommunications, Inc., Notice of Apparent Liability for Forfeiture, -- FCC Rcd --- (Enf. Bur. Feb. 
25, 2009) (“NAL”).
5 47 U.S.C. § 222.
6 47 C.F.R. § 64.2009(e).
Federal Communications Commission DA 09-1593
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EPIC CPNI Order by failing to timely file a complaint annual compliance certification with the 
Commission.     
II. DISCUSSION
3. In response to the NAL, PriorityOne demonstrated that the certification filed with the 
Secretary was in fact in compliance with the rule.7 However, the certification was scanned imperfectly 
into the Commission’s Electronic Comment Filing System (“ECFS”) and thus appeared to the Bureau to 
be missing certain information.  Upon review of the record, we agree with PriorityOne that our NAL swas 
in error because PriorityOne had filed an annual CPNI compliance certificate that was signed by an 
officer of the company with personal knowledge and an explanation of any actions taken against data 
brokers.  For this reason, the NAL issued to PriorityOne should be cancelled. 
4. Accordingly, based on the record, we find that PriorityOne did not willfully and 
repeatedly violate section 222 of the Act,8 section 64.2009(e) of the Commission’s rules,9 and the 
Commission’s EPIC CPNI Order.  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 three thousand dollars ($3,000) issued 
to PriorityOne Telecommunications, Inc. in the February 25, 2009 Notice of Apparent Liability for 
Forfeiture for willful and repeated violations of a Commission rule 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 PriorityOne, to its attorney of record, attn: James M. 
Smith, Davis Wright Tremaine LLP, 1919 Pennsylvania Ave., NW, Suite 200, Washington, DC  20006.  
FEDERAL COMMUNICATIONS COMMISSION
Kris A. Monteith
Chief, Enforcement Bureau
  
7 See e-mail from James M. Smith, Davis, Wright, Tremaine, counsel for PriorityOne, to Marcy Greene, Deputy 
Chief, Telecommunications Consumers Division, Enforcement Bureau (Feb. 25, 2009).
8 47 U.S.C. § 222.
9 47 C.F.R. § 64.2009(e).