Federal Communications Commission DA 09-1889 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Visionary Communications, Inc. Apparent Liability for Forfeiture ) ) ) ) ) ) File No. EB-08-TC-5142 NAL/Acct. No. 200932170689 FRN: 0018092593 ORDER Adopted: September 1, 2009 Released: September 1, 2009 By the Acting Chief, Enforcement Bureau: 1. In this Order, we cancel a proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to Visionary Communications, Inc. (“Visionary”). On February 24, 2009, the Bureau issued to Visionary a Notice of Apparent Liability for Forfeiture (“Omnibus NAL”)1 based on Visionary’s apparent violation of section 222 of the Communications Act of 1934, as amended (the “Act”),2 section 64.2009(e) of the Commission’s rules,3 and the Commission’s EPIC CPNI Order 4 by failing to timely file an annual compliance certification with the Bureau. 2. Upon review of the record, and based on additional information provided by Visionary, we agree with Visionary that it was not required to file a CPNI certification for calendar year 2007. Visionary is not a telecommunications carrier, and had no telecommunications customers during the 2007 calendar year. Accordingly, we find that Visionary did not violate section 222 of the Act,5 section 64.2009(e) of the Commission’s rules,6 or the Commission’s EPIC CPNI Order. Consequently, we conclude that no forfeiture should be imposed. 3. 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) 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. 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, No. 07-132, (D.C. Cir. decided Feb. 13, 2009). 5 47 U.S.C. § 222. 6 47 C.F.R. § 64.2009(e). Federal Communications Commission DA 09-1889 2 issued to Visionary Communications, Inc. in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Visionary, to its attorney of record, attn: Thomas K. Crowe, 1250 24th Street, NW, Suite 300, Washington, DC 20037. FEDERAL COMMUNICATIONS COMMISSION Suzanne M. Tetreault Acting Chief, Enforcement Bureau