Federal Communications Commission DA 11-743 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: April 27, 2011 Released: April 27, 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 companies apparently liable for forfeitures in the amount of $25,000 each for repeatedly violating section 222 of the Communications Act of 1934, as amended (the “Communications Act” or “Act”),2 section 64.2009(e) of the Commission’s rules,3 and the Commission’s EPIC CPNI Order,4 because it appeared that they had not filed a timely CPNI compliance certification for calendar years 2007and 2008. 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 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 issued to the companies in the attached Appendix WILL NOT BE IMPOSED. 1 Annual CPNI Certification, Omnibus Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 1795 (Enf. Bur. 2010) (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 (D.C. Cir. 2009). Federal Communications Commission DA 11-743 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 11-743 3 APPENDIX Company name and address EB File No. NAL No. FRN RealConnect, Inc. Carl Nasr President, Owner, and Founder 529 14th Street, N.W. Suite TEL 1 Washington, D.C. 20045 EB-08-TC-5196 0015331952 200932170608 VOIP Corporation Attorney of record: Law Office of Mark C. Del Bianco 3929 Washington Street Kensington, MD 20895 EB-08-TC-5872 0013612825 200932170871 Z-Telephony, LLC Attorney of record: Maldonado Law Group The Law Offices of Edward A. Maldonado, P.A. 3399 NW 72nd Avenue, Suite 216 Miami, FL 33122 EB-08-TC-6086 0015853450 200932170916