Federal Communications Commission DA 09-1621
Before the
Federal Communications Commission
Washington, D.C.  20554
In the Matter of
Momentum Telecom, Inc.
Apparent Liability for Forfeiture
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File No. EB-09-TC-127
NAL/Acct. No. 200932170086
FRN: 0005075403
ORDER
Adopted:  July 30, 2009 Released:  July 31, 2009
By the Chief, Enforcement Bureau:
I. INTRODUCTION AND BACKGROUND
1. In this Order, we cancel a proposed forfeiture in the amount of six thousand dollars 
($6,000) issued to Momentum Telecom, Inc. (“Momentum”) 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 annual customer proprietary 
network information (“CPNI”) compliance certification with the Commission on or before March 1, 
2008.  
2. On February 25, 2009, the Bureau issued to Momentum a Notice of Apparent Liability for 
Forfeiture (“NAL”)4 proposing a forfeiture in the amount of six thousand dollars ($6,000) based on 
Momentum’s apparent violation of section 222 of the Act,5 section 64.2009(e) of the Commission’s 
rules,6 and the Commission’s EPIC CPNI Order.  Specifically, the Bureau observed that Momentum 
failed to:  submit an annual CPNI compliance certificate that was signed by an officer of the company; 
have a corporate officer with personal knowledge execute an annual CPNI compliance certificate; submit 
an annual CPNI compliance certificate stating that the company has established operating procedures 
adequate to ensure compliance with the Commission's rules governing protection and use of customer       
proprietary network information; and submit an annual CPNI compliance certificate that provides an 
  
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 Momentum Telecom, Inc., Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 2299 (Enf. Bur. 2009)(“NAL”).
5 47 U.S.C. § 222.
6 47 C.F.R. § 64.2009(e).
Federal Communications Commission DA 09-1621
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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.   
II. DISCUSSION
3. Upon review of the record, and based on additional information provided by Momentum, 
we agree with Momentum that it timely filed its CPNI certification for calendar year 2007.  Momentum 
filed its certification together with the CPNI certification for Momentum Wholesale, LLC.  Part of the 
Momentum filing was combined with the filing for its affiliate, Momentum Wholesale, LLC; however, 
both filings were timely and, together, contained all the required attachments for both affiliated entities.  
Accordingly, based on the record, we find that Momentum did not willfully and repeatedly violate section 
222 of the Act,7 section 64.2009(e) of the Commission’s rules,8 and the Commission’s EPIC CPNI Order.  
Consequently, we conclude that no forfeiture should be imposed.  
4. 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 six thousand dollars ($6,000) issued to 
Momentum Telecom, Inc. in the February 25, 2009 NAL for willful and repeated violations of a 
Commission rule IS CANCELLED.  
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 Momentum Telecom, Inc.’s attorney of record, Devin L. 
Crock, Kelley Drye and Warren LLP, 3050 K Street, NW, Washington, DC  20007-5108.  
FEDERAL COMMUNICATIONS COMMISSION
Kris A. Monteith
Chief, Enforcement Bureau
  
7 47 U.S.C. § 222.
8 47 C.F.R. § 64.2009(e).