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 NEWS  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974).  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 FOR  IMMEDIATE  RELEASE  NEWS  MEDIA  CONTACT:  July  13,  2006  Janice  Wise:  (202)  418-  8165 
 Email:  janice.  wise@  fcc.  gov 
 FCC  PROPOSES  FORFEITURE  IN  CONTEXT  OF  ITS  CPNI  INVESTIGATION  Commission  proposes  maximum  forfeiture  of  $97,500  against  LocateCell 


 Washington,  D.  C.  --  The  Federal  Communications  Commission  (FCC)  today  found  that  LocateCell  apparently  “willfully  or  repeatedly”  violated  a  Commission  order  by  failing  to 
 provide  information  and  documents  required  by  a  subpoena.  For  this  failure,  the  Commission  issued  a  $97,500  Notice  of  Apparent  Liability  for  Forfeiture  against  LocateCell. 


 Under  the  Communications  Act  of  1934,  as  amended  (Act),  any  person  who  is  “determined  by  the  Commission  to  have  .  .  .  willfully  or  repeatedly  failed  to  comply  with  any 
 provisions  of  this  Act  or  of  any  .  .  .  order  issued  by  the  Commission  under  this  Act  .  .  .  shall  be  liable  to  the  United  States  for  a  forfeiture  penalty.”  The  Commission  has  authority  to  require  by 
 subpoena  the  attendance  and  testimony  of  witnesses  and  the  production  of  materials  relating  to  any  matter  under  investigation. 


 LocateCell  received  the  subpoena  as  part  of  the  Commission’s  investigation  into  the  apparent  offering  and  sale  of  customer  proprietary  network  information  (CPNI)  by  data  brokers. 
 The  subpoena  sought  to  determine  how  LocateCell  was  able  to  access  sensitive  personal  subscriber  information  that  telecommunications  carriers  are  obligated  to  protect  under  section 
 222  of  the  Act  and  the  Commission’s  rules. 
 Specifically,  the  subpoena  required  LocateCell  to  provide  information  and  documents  relating  to  its  website  advertisement  for  the  sale  of  consumers’  private  telephone  records  and 
 other  customer  proprietary  network  information.  The  company  failed  to  fully  respond  to  the  subpoena  and  a  subsequent  Citation.  Because  LocateCell’s  response  to  the  subpoena  remains 
 deficient,  the  Commission  proposed  the  maximum  forfeiture  for  a  continuing  violation  by  a  non-common  carrier  of  $97,500. 


 Action  by  the  Commission  July  13,  2006  by  NAL  (FCC  06-  104).  Chairman  Martin,  Commissioners  Copps,  Adelstein,  Tate,  and  McDowell.  Separate  statements  issued  by  Chairman 
 Martin,  Commissioners  Copps,  Adelstein,  Tate,  and  McDowell. 
 Enforcement  Bureau  Contact:  Janice  Wise  (202)  418-  8165 
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