Federal Communications Commission DA 09-1931 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Allendale Telephone Company d/b/a Allendale Communications Company Apparent Liability for Forfeiture ) ) ) ) ) ) File No. EB-08-TC-2918 NAL/Acct. No. 200932170208 FRN: 0002773315 ORDER Adopted: August 31, 2009 Released: August 31, 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 Allendale Telephone Company d/b/a Allendale Communications Company (“Allendale”). On February 24, 2009, the Bureau issued to Allendale a Notice of Apparent Liability for Forfeiture (“Omnibus NAL”)1 based on Allendale’s apparent violation of section 222 of the Communications Act of 1934, as amended,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 on additional information provided by Allendale, we agree with Allendale that it had timely filed its annual CPNI certification for calendar year 2007. Accordingly, we find that Allendale 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) 1 Annual CPNI Certification, Omnibus Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 2299 (Enf. Bur. Feb. 24, 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 09-1931 2 issued to Allendale Telephone Company d/b/a Allendale Communications Company 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 Allendale, to its attorney of record, attn: Harvey J. Messing, Miller, Canfield, Paddock, and Stone, PLC, One Michigan Ave., Suite 900, Lansing, MI 48933. FEDERAL COMMUNICATIONS COMMISSION Suzanne M. Tetreault Acting Chief, Enforcement Bureau