Federal Communications Commission DA 11-1877 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: November 10, 2011 Released: November 14, 2011 By the Chief, Telecommunications Consumers Division, Enforcement Bureau: 1. In this Order we determine that no forfeiture penalties should be imposed on the companies listed in the Appendix. 2. In the various Notices of Apparent Liability listed in the Appendix we found several companies apparently liable for forfeitures for violating section 222 of the Communications Act of 1934, as amended (the Communications Act or Act),1 section 64.2009(e) of the Commission’s rules,2 and the Commission’s EPIC CPNI Order3 because it appeared they had not filed a compliant CPNI 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 47 U.S.C. § 222. 2 47 C.F.R. § 64.2009(e). 3 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 11-1877 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 11-1877 APPENDIX Company name and address EB File No. NAL No. FRN NAL 800 Response Information Services, LLC, attn.: Linda Young, Vice President, Telecom Plaza, 200 Church Street, Burlington, VT 05401 EB-09-TC-057 200932170016 001380018 800 Response Information Services, LLC, Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 1723 (Enf. Bur. 2009) M & L Enterprises, Inc. d/b/a Skyline Telephone Company, Inc. Attorney of record: John A. Prendergast, Blooston, Mordofsky, Dickens, Duffy, & Prendergast, LLP, 2120 L Street, NW, Suite 300, Washington, DC 20037 EB-09-TC-122 200932170081 0005058243 M & L Enterprises, Inc. d/b/a Skyline Telephone Company, Inc., Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 1858 (Enf. Bur. 2009) McClure Telephone Company Attorney of record: Gary M. Zingeretti, ICORE, 326 South 2nd Street, Emmaus, PA 18049 EB-09-TC-123 200932170082 0017194317 McClure Telephone Company, Apparent Liability for Forfeiture, 24 FCC Rcd 1877 (Enf. Bur. 2009) Commnet Wireless, LLC Attorney of record: David J. Kaufman, Rini Coran, PC, 1615 L Street, NW, Suite 1325, Washington, DC 20036 EB-09-TC-126 200932170085 0007116403 Commnet Wireless, LLC, Apparent Liability for Forfeiture, 24 FCC Rcd 1901 (Enf. Bur. 2009) One Touch India, EB-09-TC-137 200932170096 0017064544 One Touch India, LLC, Notice of Federal Communications Commission DA 11-1877 LLC Attorney of record: Edward A. Maldonado, 3399 NW 72nd Ave., Suite 216, Miami, FL 33122 Apparent Liability for Forfeiture, 24 FCC Rcd 2018 (Enf. Bur. 2009) Threshold Communications, Inc., attn.: Jeff Matson, 16541 Redmond Way, #245C, Redmond, WA 98052 EB-09-TC-171 200932170130 0006357826 Threshold Communications, Inc., Apparent Liability for Forfeiture, 24 FCC Rcd 1840 (Enf. Bur. 2009)