Federal Communications Commission DA 09-1980 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Clarks Telecom Long Distance Apparent Liability for Forfeiture ) ) ) ) ) ) ) File No. EB-08-TC-3347 NAL/Acct. No. 200932170282 FRN: 0004942223 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 Clarks Telecom Long Distance (“Clarks”). On February 24, 2009, the Bureau issued to Clarks a Notice of Apparent Liability for Forfeiture (“Omnibus NAL”)1 based on Clarks’ 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 4by failing to timely file an annual compliance certification with the Bureau. 2. Upon review of the record, and based upon additional information provided by Clarks, we agree with Clarks that it was not a telecommunications carrier at the time the CPNI certification filing was due because it ceased offering telecommunications services on October 1, 2007 and its customer database was acquired by another carrier. Accordingly, we find that Clarks 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. Feb. 24, 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 09-1980 2 issued to Clarks Telecom Long Distance 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 Clarks, to its attorney of record, attn: Thomas J. Moorman, Woods and Aiken LLP, Suite 200, 2154 Wisconsin Ave, NW, Washington, DC 20007. FEDERAL COMMUNICATIONS COMMISSION Suzanne M. Tetreault Acting Chief, Enforcement Bureau