Federal Communications Commission DA 09-1885
Before the
Federal Communications Commission
Washington, D.C.  20554
In the Matter of
The City of Daytona Beach
Apparent Liability for Forfeiture
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File No. EB-08-TC-5682
NAL/Acct. No. 200932170821
FRN: 0007936313
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 The City of Daytona Beach (“Daytona Beach”).  On February 24, 2009, the Bureau 
issued to Daytona Beach a Notice of Apparent Liability for Forfeiture (“Omnibus NAL”)1 based on 
Daytona Beach’s apparent violation of section 222 of the Act,2 section 64.2009(e) of the Commission’s 
rules,3 and the Commission’s EPIC CPNI Order,4 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 Daytona 
Beach, we agree with Daytona Beach that Daytona Beach was not a telecommunications carrier at the 
time the CPNI certification filing was due. 5 Accordingly, we find that Daytona Beach did not violate 
section 222 of the Act,6 section 64.2009(e) of the Commission’s rules,7 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 
  
1 Annual CPNI Certification, Omnibus Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 2299 (Enf. Bur. 
2009) (“Omnibus NAL”).
2 47 U.S.C. § 222.
3 47 C.F.R. § 64.2009(e).
4 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).
5 See Letter from Benjamin S. Gross, Assistant City Attorney, The City of Daytona Beach, to Marcy Greene, Deputy 
Division Chief, Telecommunications Consumers Division, Enforcement Bureau, FCC (June 26, 2009) (“June 26 
Letter”).
6 47 U.S.C. § 222.
7 47 C.F.R. § 64.2009(e).
Federal Communications Commission DA 09-1885
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Commission’s rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) 
issued to City of Daytona Beach 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 City of Daytona Beach, to its Assistant City Attorney, 
Benjamin S. Gross, 301 S. Ridgewood Avenue, Suite 220, Daytona Beach, FL  32114.  
FEDERAL COMMUNICATIONS COMMISSION
Suzanne M. Tetreault
Acting Chief, Enforcement Bureau