Federal Communications Commission DA 09-1928 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Plains Communications Services, LLC Apparent Liability for Forfeiture ) ) ) ) ) ) ) File No. EB-08-TC-5062 NAL/Acct. No. 200932170672 FRN: 0014642235 ORDER Adopted: August 31, 2009 Released: August 31, 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 Plains Communications Services, LLC (“Plains”). On February 24, 2009, the Bureau issued to Plains a Notice of Apparent Liability for Forfeiture (“Omnibus NAL”)1 based on Plains’ apparent violation of section 222 of the Communications Act of 1934, as amended,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 upon additional information provided by Plains, we agree with Plains that it had timely filed its CPNI certification for calendar year 2007. Accordingly, we find that Plains did not violate section 222 of the Act,5 section 64.2009(e) of the Commission’s rules,6 and 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) issued to Plains Communications Services, LLC in the February 24, 2009 Omnibus Notice of Apparent Liability for Forfeiture IS CANCELLED. 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 09-1928 2 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 Plains to its attorney of record, John A. Prendergrast, 2120 L Street, NW, Suite 300, Washington, DC 20037. FEDERAL COMMUNICATIONS COMMISSION Suzanne M. Tetreault Acting Chief, Enforcement Bureau