Federal Communications Commission DA 09-1888 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Pilgrim Telephone, Inc. Apparent Liability for Forfeiture ) ) ) ) ) ) ) File No. EB-08-TC-5051 NAL/Acct. No. 200932170604 FRN: 0003739851 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 Pilgrim Telephone, Inc. (“Pilgrim”). On February 24, 2009, the Bureau issued to Pilgrim a Notice of Apparent Liability for Forfeiture (“Omnibus NAL”)1 based on Pilgrim’s apparent violation of section 222 of the Communications Act of 1934, as amended (the “Act”),2 section 64.2009(e) of the Commission’s rules,3 and the Commission’s EPIC CPNI Order4 by failing to timely file an annual compliance certification with the Bureau. 2. Upon review of the record, and based upon additional information provided by Pilgrim, we agree with Pilgrim that it was not required to file a CPNI certification for calendar year 2007. During the 2007 calendar year, Pilgrim was not a telecommunications carrier. Accordingly, we find that Pilgrim did not violate section 222 of the Act,5 section 64.2009(e) of the Commission’s rules,6 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 Commission’s rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Pilgrim Telephone, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. 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 47 U.S.C. § 222. 6 47 C.F.R. § 64.2009(e). Federal Communications Commission DA 09-1888 2 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 Pilgrim, to its attorney of record, attn: Walter Steimel, Greenberg Traurig, LLP, 2101 L Street, NW, Suite 1000, Washington, DC 20037. FEDERAL COMMUNICATIONS COMMISSION Suzanne M. Tetreault Acting Chief, Enforcement Bureau