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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No. EB-06-TC-4521
Habla Communicaciones, Inc. ) NAL/Acct. No. 200732170049
Apparent Liability for Forfeiture ) FRN: 0010654929
)
)
ORDER
Adopted: May 2, 2008 Released: May 2, 2008
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Order, we cancel a proposed forfeiture in the amount of four
thousand dollars ($4,000) issued to Habla Communicaciones, Inc. ("Habla"
or "Company") for its apparent willful and repeated violation of a
Commission order for failure to respond to a directive of the Enforcement
Bureau ("Bureau") to provide certain information and documents related to
the Bureau's investigations into carrier protection of customer
proprietary network information ("CPNI").
2. On December 12, 2006, the Bureau issued a Letter of Inquiry ("LOI") to
Habla directing Habla to provide the company's CPNI compliance
certificates for the previous five years, prepared pursuant to section
64.2009(e) of the Commission's rules. On March 30, 2007, the Bureau issued
a Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
four thousand dollars ($4,000) to Habla for failing to respond to a
directive of the Bureau to provide certain information and documents
related to the Bureau's investigation into carrier protection of CPNI.
The NAL was sent by certified mail to Habla's last known address. Habla
has not filed a response to the NAL nor has Habla paid the proposed
forfeiture amount. Subsequent to the issuance of the NAL, the Bureau
received confirmation from the Texas Public Utilities Commission that
Habla had ceased its operations.
3. We find that cancellation of the NAL under these circumstances is
warranted. Prosecution of the forfeiture will cause the Commission to
incur costs, with no reasonable hope of recovery. However, we emphasize
that our decision to rescind the proposed forfeiture in no way exonerates
Habla for its apparent violation of a Commission order.
4. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. S: 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, the proposed forfeiture in the
amount if four thousand dollars ($4,000) issued to Habla Communicaciones,
Inc. in the March 30, 2007 Notice of Apparent Liability for Forfeiture for
willful and repeated violation of a Commission directive IS CANCELED.
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 HABLA
COMMUNICACIONES, INC. to its last known address of record.
FEDERAL COMMUNICATIONS COMMISSION
Kris A. Monteith
Chief, Enforcement Bureau
Letter from Marcy Greene, Deputy Division Chief, Telecommunications
Consumers Division, Enforcement Bureau, Federal Communications Commission,
to Randell Brooks, Vice President, Habla Communicaciones, Inc. (Dec. 12,
2006) ("LOI").
Habla Communicaciones, Inc., Notice of Apparent Liability for Forfeiture,
22 FCC Rcd 6308 (2007) ("NAL").
(...continued from previous page)
(continued....)
Federal Communications Commission DA 08-458
2
Federal Communications Commission DA 08-458