Federal Communications Commission DA 09-1614
Before the
Federal Communications Commission
Washington, D.C.  20554
In the Matter of
City of Naperville
Apparent Liability for Forfeiture
)
)
)
)
)
)
)
File No. EB-08-TC-3439
NAL/Acct. No. 200932170299
FRN: 0002381873
ORDER
Adopted:  August 4, 2009  Released:  August 6, 2009
By the Chief, Enforcement Bureau:
I. INTRODUCTION AND BACKGROUND
1. In this Order, we cancel a proposed forfeiture in the amount of twenty thousand dollars 
($20,000) issued to the City of Naperville (“Naperville”) for apparent violation of section 222 of the 
Communications Act of 1934, as amended (the “Act”),1 section 64.2009(e) of the Commission’s rules,2
and the Commission’s EPIC CPNI Order,3 by failing to timely file an annual customer proprietary 
network information (“CPNI”) compliance certification with the Commission on or before March 1, 
2008.  
2. On February 24, 2009, the Bureau issued to Naperville a Notice of Apparent Liability for 
Forfeiture (“Omnibus NAL”)4 proposing a forfeiture in the amount of twenty thousand dollars ($20,000) 
based on Naperville’s apparent violation of section 222 of the Act,5 section 64.2009(e) of the 
Commission’s rules,6 and the Commission’s EPIC CPNI Order, by failing to timely file an annual 
compliance certification with the Bureau.   
  
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, 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, No. 07-132, (D.C. Cir. 
decided Feb. 13, 2009).
4 Annual CPNI Certification Omnibus Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 2299 (Enf. Bur. 
2009) (“Omnibus NAL”).
5 47 U.S.C. § 222.
6 47 C.F.R. § 64.2009(e).
Federal Communications Commission DA 09-1614
2
II. DISCUSSION
3. Upon review of the record and based on additional information provided by Naperville, 
we agree with Naperville that it should not have been included in our Omnibus NAL because Naperville 
had no telecommunications customers during calendar year 2007.  Accordingly, based on the record, we 
find that Naperville did not willfully and repeatedly violate section 222 of the Act,7 section 64.2009(e) of 
the Commission’s rules,8 and the Commission’s EPIC CPNI Order.  Consequently, we conclude 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 (“Act”), and sections 0.111, 0.311 and 1.80(f) (4) of the 
Commission’s rules, that the proposed forfeiture in the amount of twenty thousand dollars ($20,000) 
issued to the City of Naperville in the February 24, 2009 Omnibus Notice of Apparent Liability for 
Forfeiture for willful and repeated violations of a Commission rule IS CANCELLED.  
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 the City of Naperville, at its address of record, attn: 
Donald Carlsen, 400 South Eagle Street, Naperville, IL  60540.  
FEDERAL COMMUNICATIONS COMMISSION
Kris A. Monteith
Chief, Enforcement Bureau
  
7 47 U.S.C. § 222.
8 47 C.F.R. § 64.2009(e).