FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011


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Before the
Federal Communications Commission
Washington, D.C. 20554
) File No. EB-08-TC-6022
In the Matter of )
) NAL/Acct. No. 200932170886
Westgate Communications, LLC d/b/a )
WeavTel ) FRN: 0003785300
Adopted: April 7, 2011 Released: April 8, 2011
By the Chief, Telecommunications Consumers Division, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into between the
Enforcement Bureau ("Bureau") of the Federal Communications Commission ("FCC" or "Commission")
and Westgate Communications, LLC d/b/a WeavTel ("Westgate Communications" or "Company"). The
Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture ("NAL") by
the Bureau against Westgate Communications for possible violation of section 222 of the
Communications Act of 1934, as amended ("Communications Act" or "Act"), 47 U.S.C. 222, section
64.2009(e) of the Commission's rules, 47 C.F.R. 64.2009(e), and the Commission's EPIC CPNI
Order,' regarding Westgate Communications' apparent failure to timely file a compliant annual customer
proprietary network information ("CPN'I") certification pursuant to section 64.2009(e).
2. The Bureau and Westgate Communications have negotiated the terms of the Consent
Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by
3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we
find that the public interest would be served by adopting the Consent Decree, terminating the
investigation, and cancelling the NAL.
4. In the absence of material new evidence relating to this matter, we conclude that our
investigation raises no substantial or material questions of fact as to whether Westgate Communications
possesses the basic qualifications, including those related to character, to hold or obtain any Commission
license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 503(b) of the
Communications Act of 1934, as amended,2 and sections 0.111 and 0.311 of the Commission's rules,' the
Consent Decree attached to this Order IS ADOPTED.
' 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 Red 6927, 6953
(2007) ("EPIC CPNI Order"); aff'd sub nom. Nat ' Cable & Telecom. Assoc. v. FCC, 555 F.3d 996 (D.C. Cir.
247 U.S.C. 154(i), 503(b).
347 C.F.R. 0.111, 0.311.


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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011. Washington D.C.. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc52169/. Accessed September 30, 2016.