Federal Communications Commission DA 10-1524
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of 
RBJ Corporation and its subsidiaries, KLM 
Telephone Company, KLM Long Distance 
Company, Holway Telephone Company, and 
Holway Long Distance Company
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File Nos. EB-06-TC-4007, EB-06-TC-4008, 
EB-06-TC-4067 and EB-06-TC-4553
NAL/Acct. No. 200732170034
FRN: 0003772274
ORDER
Adopted: August 16, 2010 Released: August 16, 2010
By the Acting Chief, Telecommunications Consumers Division, Enforcement Bureau: 
1. In this Order, we adopt the attached Consent Decree entered into between the 
Enforcement Bureau (“Bureau”) of the Federal Communications Commission (“FCC” or “Commission”) 
and KLM Telephone Company, KLM Long Distance, Holway Telephone Company, and Holway Long 
Distance Company, all operating subsidiaries of RBJ Corporation (collectively “KLM”).  The Consent 
Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (“NAL”) by the 
Bureau against KLM for possible violation of section 222 of the Communications Act of 1934, as 
amended (“Communications Act” or “Act”), 47 U.S.C. § 222, and section 64.2009(e) of the 
Commission’s rules, 47 C.F.R. § 64.2009(e), regarding KLM’s apparent failure to file a compliant annual 
customer proprietary network information (“CPNI”) certification pursuant to 64.2009(e). 
2. The Bureau and KLM have negotiated the terms of the Consent Decree that resolve this 
matter.  A copy of the Consent Decree is attached hereto and incorporated by reference.  
3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we 
find that the public interest would be served by adopting the Consent Decree, terminating the 
investigation and cancelling the NAL.
4. In the absence of material new evidence relating to this matter, we conclude that our 
investigation raises no substantial or material questions of fact as to whether KLM possesses the basic 
qualifications, including those related to character, to hold or obtain any Commission license or 
authorization.    
5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the 
Communications Act of 1934, as amended,1 and sections 0.111 and 0.311 of the Commission’s Rules,2
the Consent Decree attached to this Order IS ADOPTED.
  
1 47 U.S.C. § 154(i), 503(b).
2 47 C.F.R. §§ 0.111, 0.311.
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6. IT IS FURTHER ORDERED that the above-captioned investigation IS 
TERMINATED and the Notice of Apparent Liability for Forfeiture IS CANCELLED.
FEDERAL COMMUNICATIONS COMMISSION
Kurt A. Schroeder
Acting Chief
Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission DA 10-1524
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
RBJ Corporation and its subsidiaries, KLM 
Telephone Company, KLM Long Distance 
Company, Holway Telephone Company, and 
Holway Long Distance Company
)
)
)
)
)
)
File Nos. EB-06-TC-4007, EB-06-TC-4008, 
EB-06-TC-4067 and EB-06-TC-4553
NAL/Acct. No. 200732170034
FRN: 0003772274
CONSENT DECREE
1. The Enforcement Bureau (“Bureau”) and KLM Telephone Company, KLM Long 
Distance, Holway Telephone Company, and Holway Long Distance Company, all operating subsidiaries 
of RBJ Corporation (collectively “KLM” or the “Company”), by their authorized representatives, hereby 
enter into this Consent Decree for the purpose of terminating the Enforcement Bureau’s investigation into 
KLM’s possible noncompliance with the requirements of section 222 of the Communications Act of 
1934, as amended (“Communications Act” or “Act”), 47 U.S.C. § 222, and section 64.2009(e) of the 
Commission’s rules, 47 C.F.R. § 64.2009(e).  
I.         DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq.
(b) “Adopting Order” means an Order of the Commission adopting the terms of this Consent 
Decree without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and all of its 
bureaus and offices.  
(e) “Compliance Plan” means the program described in this Consent Decree at paragraph 10.
(f) “Effective Date” means the date on which the Commission releases the Adopting Order.
(g) “Investigation” means the investigation commenced by the Bureau’s December 2006, 
letters of inquiry1 regarding whether KLM violated the requirements of section 222 of the 
  
1 Letter from Marcy Greene, Deputy Division Chief, Telecommunications Consumers Division, Enforcement 
Bureau, Federal Communications Commission, to Bruce Copsey, Corporate Secretary, KLM Telephone Company 
and Robert Jackson, Esq., Blooston, Mordkofsky, Dickens, Duffy and Prendergast, LLP (December 4, 2006);  Letter 
from Marcy Greene, Deputy Division Chief, Telecommunications Consumers Division, Enforcement Bureau, 
Federal Communications Commission, to Bruce Copsey, Corporate Secretary, KLM Long Distance Company and 
Robert Jackson, Esq., Blooston, Mordkofsky, Dickens, Duffy and Prendergast, LLP (December 5, 2006); Letter 
from Marcy Greene, Deputy Division Chief, Telecommunications Consumers Division, Enforcement Bureau, 
Federal Communications Commission, to Bruce Copsey, Corporate Secretary, Holway Telephone Company and 
Federal Communications Commission DA 10-1524
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Communications Act and section 64.2009(e) of the Commission’s rules by failing to 
maintain a compliant customer proprietary network information (“CPNI”) certification.2  
(h) “KLM” means RBJ Corporation and its subsidiaries, KLM Telephone Company, KLM 
Long Distance Company, Holway Telephone Company, and Holway Long Distance 
Company, and their predecessors-in-interest and successors-in-interest.
(i) “NAL” means Notice of Apparent Liability for Forfeiture.
(j) “Parties” means KLM and the Bureau.
(k) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal 
Regulations.
II. BACKGROUND
3. Section 222 imposes the general duty on all telecommunications carriers to protect the 
confidentiality of their subscribers’ proprietary information.3 The Commission has issued rules 
implementing section 222 of the Act.4 The Commission required carriers to establish and maintain a 
system designed to ensure that carriers adequately protected their subscribers’ CPNI.  Section 64.2009(e) 
is one such requirement.  Pursuant to section 64.2009(e):
A telecommunications carrier must have an officer, as an agent of the carrier, 
sign a compliance certificate on an annual basis stating that the officer has 
personal knowledge that the company has established operating procedures that 
    
Robert Jackson, Esq., Blooston, Mordkofsky, Dickens, Duffy and Prendergast, LLP (December 8, 2006); and Letter 
from Marcy Greene, Deputy Division Chief, Telecommunications Consumers Division, Enforcement Bureau, 
Federal Communications Commission, to Bruce Copsey, Corporate Secretary, Holway Long Distance Company and 
Robert Jackson, Esq., Blooston, Mordkofsky, Dickens, Duffy and Prendergast, LLP (December 5, 2006) 
(collectively “December 2006 LOIs”).  
2 47 C.F.R. 64.2009(e).
3 Section 222 of the Communications Act provides that:  “Every telecommunications carrier has a duty to protect the 
confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment 
manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided 
by a telecommunications carrier.”  47 U.S.C. § 222.
4 In the Matter of Implementation of the Telecommunications Act of 1996: Telecommunications Carriers’ Use of 
Customer Proprietary Network Information and Other Customer Information and Implementation of the Non-
Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended, Order and Further 
Notice of Proposed Rulemaking, 13 FCC Rcd 8061 (1998) (“CPNI Order”); see also In the Matter of 
Implementation of the Telecommunications Act of 1996: Telecommunications Carriers’ Use of Customer 
Proprietary Network Information and Other Customer Information and Implementation of the Non-Accounting 
Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended, Order on Reconsideration and 
Petitions for Forbearance, 14 FCC Rcd 14409 (1999); In the Matter of Implementation of the Telecommunications 
Act of 1996: Telecommunications Carriers’ Use of Customer Proprietary Network Information and Other Customer 
Information and Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications 
Act of 1934, as amended; 2000 Biennial Regulatory Review -- Review of Policies and Rules Concerning 
Unauthorized Changes of Consumers’ Long Distance Carriers, Third Report and Order and Third Further Notice of 
Proposed Rulemaking, 17 FCC Rcd 14860 (2002).
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are adequate to ensure compliance with the rules in this subpart.  The carrier 
must provide a statement accompanying the certificate explaining how its 
operating procedures ensure that it is or is not in compliance with the rules in this 
subpart.5
4. The Bureau has been investigating the adequacy of procedures implemented by 
telecommunications carriers to ensure confidentiality of their subscribers’ CPNI, based on concerns 
regarding the apparent availability to third parties of sensitive, personal subscriber information.  For 
example, some companies, known as “data brokers,” have advertised the availability of records of 
wireless subscribers’ incoming and outgoing telephone calls for a fee.6 Data brokers have also advertised 
the availability of call information that relates to certain landline toll calls.7  
5. As part of its inquiry into these issues, the Bureau sent LOIs to KLM in December 2006, 
directing it to produce the compliance certificates for the previous five (5) years that it had prepared 
pursuant to section 64.2009(e) of the Commission's rules.8 On December 11, 2006, KLM submitted 
responses to the Bureau's LOIs.9 The Bureau concluded that the documents submitted by KLM did not 
satisfy the requirements set forth in the rule and that KLM had apparently failed to comply with the 
requirement that it have an officer certify on an annual basis that the officer has personal knowledge that 
KLM has established operating procedures adequate to ensure compliance with the Commission’s CPNI 
rules.10 In addition, the Bureau concluded that KLM failed to provide any compliance certificates for the 
years preceding the most recent one, executed February 3, 2006.  Accordingly, on March 29, 2007, the 
Bureau released an NAL against KLM proposing a monetary forfeiture of $100,000 for its apparent 
failure to comply with section 64.2009(e) of the Commission's rules,11 and ordered the Company either to 
pay the proposed forfeiture or file a written response within thirty (30) days of the NAL release date 
stating why the proposed forfeiture should be reduced or canceled.  KLM filed its response to the NAL on 
  
5 47 C.F.R. § 64.2009(e).  This rule has been amended since issuance of the NAL against KLM.  The quoted rule is 
cited as it was at the time of the alleged violation.
6 See, e.g. http://www.epic.org/privacy/iei/.
7 See id.
8 See note 1, supra. 
9 Letter from Gerard J. Duffy, Counsel to KLM Telephone Company, to Marcy Greene, Deputy Division Chief, 
Telecommunications Consumers Division, Enforcement Bureau, Federal Communications Commission (December 
11, 2006); Letter from Gerard J. Duffy, Counsel to KLM Long Distance Company, to Marcy Greene, Deputy 
Division Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal Communications 
Commission (December 11, 2006); Letter from Gerard J. Duffy, Counsel to Holway Telephone Company, to Marcy 
Greene, Deputy Division Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal 
Communications Commission (December 11, 2006); and Letter from Gerard J. Duffy, Counsel to Holway Long 
Distance Company, to Marcy Greene, Deputy Division Chief, Telecommunications Consumers Division, 
Enforcement Bureau, Federal Communications Commission (December 11, 2006 ) (collectively “December 11 
responses”).
10 In the Matter of RBJ Corporation and its subsidiaries, KLM Telephone Company, KLM Long Distance Company, 
Holway Telephone Company, and Holway Long Distance Company., Notice of Apparent Liability for Forfeiture, 22
FCC Rcd. 5487 (Enf. Bur. rel. March 29, 2007) (“NAL”).
11 Id.
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April 24, 2007,12 and supplemented that response on October 15, 2007.13  
III. TERMS OF AGREEMENT
6. Adopting Order.  The Parties agree that the provisions of this Consent Decree shall be 
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting 
Order without change, addition, modification, or deletion.
7. Jurisdiction. KLM agrees that the Bureau has jurisdiction over it and the matters 
contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree.
8. Effective Date; Violations.  The Parties agree that this Consent Decree shall become 
effective on the date on which the FCC releases the Adopting Order.  Upon release, the Adopting Order 
and this Consent Decree shall have the same force and effect as any other Order of the Bureau.  Any 
violation of the Adopting Order or of the terms of this Consent Decree shall constitute a separate violation 
of a Bureau Order, entitling the Bureau to exercise any rights and remedies attendant to the enforcement 
of a Bureau Order.
9. Termination of Investigation.  In express reliance on the covenants and representations 
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to 
terminate its investigation and to cancel the NAL.  In consideration for the termination of said 
investigation and cancellation of the NAL, KLM agrees to the terms, conditions, and procedures 
contained herein.  The Bureau further agrees that, in the absence of new material evidence, the Bureau 
will not use the facts developed in this investigation through the Effective Date of the Consent Decree, or 
the existence of this Consent Decree, to institute, on its own motion, any new proceeding, formal or 
informal, or take any action on its own motion against KLM concerning the matters that were the subject 
of the investigation.  The Bureau also agrees that it will not use the facts developed in this investigation 
through the Effective Date of this Consent Decree, or the existence of this Consent Decree, to institute on 
its own motion any proceeding, formal or informal, or take any action on its own motion against KLM 
with respect to KLM’s basic qualifications, including its character qualifications, to be a Commission 
licensee or authorized common carrier or hold Commission authorizations.  
10. Compliance Plan. For purposes of settling the matters set forth herein and to help 
ensure compliance with the Commission’s CPNI rules, KLM agrees to take all measures necessary to 
achieve full compliance with Section 64.2009(e) of the Commission’s rules. KLM agrees that, within 
thirty (30) days, its personnel will be trained as to when they are and are not authorized to use CPNI.
KLM further agrees to have an express disciplinary process in place for the unauthorized use of CPNI, 
within thirty (30) days.  Additionally, KLM agrees to send a copy, either electronically or by regular mail, 
of its annual 64.2009(e) compliance certificate for each of two years following the effective date of this 
Consent Decree to the Chief, Telecommunications Consumers Division, Enforcement Bureau, Federal 
Communications Commission, 445 12th Street, S.W. Room 4-C244, Washington, D.C., 20554, and must 
include the file number listed above.  KLM will also send an electronic copy of its certification to other 
  
12 Statement Seeking Cancellation of Proposed Forfeiture, filed by RBJ Corporation and its subsidiaries KLM 
Telephone Company, KLM Long Distance Company, Holway Telephone Company, and Holway Long Distance 
Company, April 30, 2007.  
13 Supplement to Statement Seeking Cancellation of Proposed Forfeiture, filed by RBJ Corporation and its 
subsidiaries KLM Telephone Company, KLM Long Distance Company, Holway Telephone Company, and Holway 
Long Distance Company, October 15, 2007
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Telecommunications Consumers Division staff as directed by the Bureau Chief. This Consent Decree will 
expire two (2) years after the Effective Date or upon the termination of the certification requirement set 
forth in sections 64.2009(e) of the Commission's rules, 47 C.F.R. § 64.2009(e), whichever is earlier.
11. Section 208 Complaints; Subsequent Investigations.  Nothing in this Consent Decree 
shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to 
section 208 of the Act against KLM or its affiliates for alleged violations of the Act, or for any other type 
of alleged misconduct, regardless of when such misconduct took place.  The Commission’s adjudication 
of any such complaint will be based solely on the record developed in that proceeding.  Except as 
expressly provided in this Consent Decree, this Consent Decree shall not prevent the Commission from 
investigating new evidence of noncompliance by KLM of the Act, the rules, or the Order.
12. Voluntary Contribution. KLM agrees that it will make a voluntary contribution to the 
United States Treasury in the amount of two thousand dollars ($2,000).  The contribution will be made 
within thirty (30) calendar days after the Effective Date of the Adopting Order.  The payment must be 
made by check or similar instrument, payable to the order of the Federal Communications Commission.  
The payment must include the NAL/Account Number and FRN Number referenced in the caption to the 
Adopting Order.  Payment by check or money order may be mailed to Federal Communications 
Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by overnight mail may be sent to 
U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
63101.  Payment by wire transfer may be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and account number 27000001.  For payment by credit card, an FCC Form 159 
(Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account 
number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A 
(payment type code).  KLM will also send electronic notification on the date said payment is made to 
Johnny.Drake@fcc.gov. 
13. Waivers.  KLM waives any and all rights it may have to seek administrative or judicial 
reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent 
Decree and the Adopting Order, provided the Commission issues an Adopting Order adopting the 
Consent Decree without change, addition, modification, or deletion.  KLM shall retain the right to 
challenge Commission interpretation of the Consent Decree or any terms contained herein.  If either Party 
(or the United States on behalf of the Commission) brings a judicial action to enforce the terms of the 
Adopting Order, neither KLM nor the Commission shall contest the validity of the Consent Decree or the 
Adopting Order, and KLM shall waive any statutory right to a trial de novo.  KLM hereby agrees to waive 
any claims it may otherwise have under the Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. § 
1.1501 et seq., relating to the matters addressed in this Consent Decree.
14. Severability. The Parties agree that if any of the provisions of the Adopting Order or 
the Consent Decree shall be invalid or unenforceable, such invalidity or unenforceability shall not 
invalidate or render unenforceable the entire Adopting Order or Consent Decree, but rather the entire 
Adopting Order or Consent Decree shall be construed as if not containing the particular invalid or 
unenforceable provision or provisions, and the rights and obligations of the Parties shall be construed and 
enforced accordingly.  In the event that this Consent Decree in its entirety is rendered invalid by any court 
of competent jurisdiction, it shall become null and void and may not be used in any manner in any legal 
proceeding.
15. Subsequent Rule or Order. The Parties agree that if any provision of the Consent 
Decree conflicts with any subsequent rule or Order adopted by the Commission (except an Order 
specifically intended to revise the terms of this Consent Decree to which KLM does not expressly 
consent) that provision will be superseded by such Commission rule or Order.
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16. Successors and Assigns. KLM agrees that the provisions of this Consent Decree shall 
be binding on its successors, assigns, and transferees.  
17. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties.  The Parties further agree that this Consent Decree does 
not constitute either an adjudication on the merits or a factual or legal finding or determination regarding 
any compliance or noncompliance with the requirements of the Act or the Commission’s Rules and 
Orders.  
18. Modifications. This Consent Decree cannot be modified without the advance written 
consent of both Parties.
19. Paragraph Headings. The headings of the Paragraphs in this Consent Decree are 
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent 
Decree.
20. Authorized Representative.  Each party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.
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21. Counterparts. This Consent Decree may be signed in any number of counterparts 
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of 
which counterparts together shall constitute one and the same fully executed instrument.
________________________________
Kurt A. Schroeder
Acting Chief
Telecommunications Consumers Division
Enforcement Bureau 
________________________________
Date
________________________________
Shawn W. Hanson
President and General Manager
RBJ Corporation and its subsidiaries,
KLM Telephone Company
KLM Long Distance Company
Holway Telephone Company
Holway Long Distance Company 
________________________________
Date