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: March 31, 2011 Released: April 1, 2011
By the Chief, Telecommunications Consumers Division, Enforcement Bureau:
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.
In the Omnibus NAL, we found several hundred companies apparently liable for forefeitures in the amount of $20,000 each for 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 CPNIOrder4because it appeared that 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.
Upon review of the record, and based upon additional information provided by the companies we find that no forfeiture should be imposed.
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.
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
Telecommunications Consumers Division
Company name and address
EB File No.
Vi Lata Communications, LLC
Attorney of record: Glenn S. Richards, Pillsbury, Winthrop, Shaw, Pittman, LLP, 2300 N Street, NW, Washington, DC 200037-1122.
Sotto Wireless, Inc.
Attorney of record: James M. Smith, Davis, Wright, Tremaine LLP, 1919 Pennsylvania Avenue, NW, Suite 200, Washington, DC 20006
Attorney of record: Edward A. Maldonado, 7925 NW 12th Street, Doral, FL 33126
Altus Communications Group, Inc., attn: Kelvin Williams, 124 South Main Street, Jonesboro, GA 30236
Attorney of record: Kristopher E. Twomey, 1725 I Street, NW, Suite 300, Washington, DC 20006
ATMC, Inc., attn: Bob Ellis, 9045 Haven Ave., Suite 106, Rancho Cucamonga, CA 91730
Advanced Tel, Inc., attn: Glenn A. Harris, InterMetro Communications, Inc., 2685 Park Center Drive, Building A, Simi Valley, CA 93065
Alianza Global Communications Services LLC, attn: Mark Cook, Director of Carrier Relations, 333 South 520 West, Suite 350, Lindon, UT 84042
Thomas M. Forte, Technologies Management, Inc., 2600 Maitland Center Parkway, Suite 300, Maitland, FL 32751
Applied Technology Solutions, Inc.
Attorney of record: Bradley J. Gross, Becker and Poliakoff, Emerald Lake Corporate Park, 3111 Stirling Road, Fort Lauderdale, FL 33312-6525
Attorney of record: Kathy Kunc, Ron Comingdeer & Associates, 6011 N. Robinson, Oklahoma City, Oklahoma 73118
Attorney of record: Adam Z. Solomon, Lustigman Law Firm, 149 Madison Avenue, Suite 805, New York, NY 10016-6713
Attorney of record: Lance J.M. Steinhart, PC, 1720 Windward Concourse, Suite 115, Alpharetta, GA 30005
Wave2Wave VoIP Communications, LLC, attn: Anna Setola, Wave2Wave Communications, Inc., Continental Plaza, 6th Floor, 433 Hackensack Avenue, Hackensack, NJ 07601;
Matthew Tennis, RNK Communications, 333 Elm Street, Dedham, MA 02026
Wildstar Business Solutions d/b/a Click2dial.net, attn: S. Irfan Jafry, 41503 Pheasant Creek Drive, Canton, MI 48188
World Wide Telecom, LLC, attn: Fahim Ahmed, P.O. Box 541006, Merritt Island, FL 32954
Zippy Tech, Inc., attn: Vijay Bastawade, 10 Town Plaza # 152, Durango, CO 81301
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.
347 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).