Federal Communications Commission DA 09-1891 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Zicore Services, Inc. Apparent Liability for Forfeiture ) ) ) ) ) ) ) File No. EB-09-TC-186 NAL/Acct. No. 200932170145 FRN: 0011476751 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 two thousand dollars ($2,000) issued to Zicore Services, Inc (“Zicore”). On February 25, 2009, the Bureau issued to Zicore a Notice of Apparent Liability for Forfeiture (“NAL”)1 based on Zicore’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 a compliant annual CPNI certification with the Bureau. 2. Upon review of the record, and based upon additional information provided by Zicore, we agree with Zicore that it had no telecommunications customers during the 2007 calendar year, thus an annual compliance certification for calendar year 2007 was not due. Accordingly, we find that Zicore 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, and sections 0.111, 0.311 and 1.80(f) (4) of the Commission’s rules, that the proposed forfeiture in the amount of two thousand dollars ($2,000) issued to Zicore Services, Inc. in the February 25, 2009 Notice of Apparent Liability for Forfeiture IS CANCELLED. 1 Zicore Services, Inc., Apparent Liability for Forfeiture, 24 FCC Rcd 1943 (Enf. Bur. 2009) (“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 09-1891 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 Zicore, through its attorney of record, attn: Katherine Patsas, Lukas, Nace, Gutierrez, and Sachs, LLP, 1650 Tysons Blvd., Suite 1500, McLean, VA 22102. FEDERAL COMMUNICATIONS COMMISSION Suzanne M. Tetreault Acting Chief, Enforcement Bureau