Federal Communications Commission DA 11-1497 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Annual CPNI Certification Apparent Liability for Forfeiture ) ) ) ) ) ) File No.: See Appendix NAL/Acct. No.: See Appendix FRN: See Appendix Order Adopted: September 1, 2011 Released: September 1, 2011 By the Chief, Telecommunications Consumers Division, Enforcement Bureau: 1. In this Order, which follows upon our Notice of Apparent Liability for Forfeiture (“Omnibus NAL”),1 we determine that no forfeiture penalties should be imposed on the companies listed in the Appendix. 2. In the Omnibus NAL, we found several hundred companies apparently liable for forfeitures in the amount of $20,000 each for violating 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 because it appeared they had not filed a timely CPNI compliance certification for calendar year 2007. Consistent with section 503(b)(4) of the Act, each of these companies was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by the companies, we agree that no forfeiture penalties should be imposed on each of the companies listed in the Appendix. 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 issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 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, 555 F.3d 996 (D.C. Cir. 2009). Federal Communications Commission DA 11-1497 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 each of the companies in the attached Appendix. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau Federal Communications Commission DA 11-1497 3 APPENDIX Company name and address EB File No. NAL No. FRN Gatevox Communications, Inc. Attorney of record: Maldonado Law Group 3399 NW 72nd Avenue, Suite 216, Miami, FL 33122 EB-08-TC-3961 200932170407 0016490773 Satteline Communications, Corp. Attn.: Simon Kraus, CEO 161 Rte. 59 201 Monsey, NY 10952 EB-08-TC-5303 200932170730 0016728214 TCS Telecom, Inc. Attorney of record: Miguel A. Huerta Smith Trostle LLP 707 West Ave., Ste. 202 Austin, TX 78701 EB-08-TC-5508 200932170784 0009930827 Ultra Com, Inc. Attn.: Dennis H. Marchuk, President 899 Wedgewood DR. Crystal Lake, IL 60014 EB-08-TC-5809 200932170854 0004263307