Federal Communications Commission DA 11-1876 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Unitec Hospitality Service, Inc. d/b/a Unitec Services Apparent Liability for Forfeiture ) ) ) ) ) ) File No.: EB-08-TC-5821 NAL/Acct. No.: 200932170935 FRN: 0015389976 Order Adopted: November 10, 2011 Released: November 14, 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 penalty should be imposed on Unitec Hospitality Service, Inc. (Unitec or Company). 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 or the Communications 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 Unintec, we agree that no forfeiture penalty 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 issued to Unitec WILL NOT BE IMPOSED. 1 Annual CPNI Certification, Omnibus Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 2299 (Enf. Bur. 2009). 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, 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 11-1876 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 Unitec Hospitality Service, Attn: Walter E. Bader, President, 122 Sherman Street, Denver, CO 80209. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau