Federal Communications Commission DA 10-1845 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Key Communications, LLC d/b/a West Virginia Wireless Apparent Liability for Forfeiture ) ) ) ) ) ) ) File No. EB-06-TC-4745 NAL/Acct. No. 200732170032 FRN: 0005413463 ORDER Adopted: September 30, 2010 Released: October 1, 2010 By the Assistant Division Chief, Telecommunications Consumers Division, Enforcement Bureau: 1. In this Order, which follows upon our Notice of Apparent Liability for Forfeiture (“NAL”),1 we determine that no forfeiture penalty should be imposed on Key Communications, LLC d/b/a West Virginia Wireless (“Key”). 2. On March 28, 2007, the Enforcement Bureau issued an NAL in the amount of $100,000 to Key for its apparent violation of the Commission’s rules by failing to prepare and maintain a CPNI certification that complies with section 64.2009(e).2 Consistent with section 503(b)(4) of the Communications Act of 1934, as amended,3 Key was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. In response to the NAL, Key provided evidence that it was no longer a Commission licensee when the NAL was issued. Accordingly, we find that no forfeiture should be imposed. 4. 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, the proposed forfeiture in the NAL WILL NOT BE IMPOSED. 1 In the Matter of Key Communications, LLC d/b/a West Virginia Wireless, Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 5496 (2007) (“NAL”). 2 Id. 3 47 U.S.C. § 503(b)(4). Federal Communications Commission DA 10-1845 2 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Key Communications, LLC d/b/a West Virginia Wireless to its address of record. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Wild Assistant Division Chief Telecommunications Consumers Division Enforcement Bureau