FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 4,868
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Federal Communications Commission
Washington, D.C. 20554
) File No. EB-08-TC-3713
In the Matter of )
) NAL/Acct. No. 200932170354
Digital Network Access Communications, Inc. )
) FRN: 0013501689
Adopted: March 31, 2011 Released: April 1, 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 Digital Network Access Communications, Inc. ("DNA" or "Company"). The Consent Decree
terminates an investigation and Notice of Apparent Liability for Forfeiture ("NAL") by the Bureau
against Digital Network Access Communications, Inc. 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 DNA's apparent failure to timely file a compliant annual customer proprietary network
information ("CPNI") certification pursuant to section 64.2009(e).
2. The Bureau and DNA have negotiated the terms of the Consent Decree that resolve this
matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
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 DNA possesses the basic
qualifications, including those related to character, to hold or obtain any Commission license or
i 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"); affid sub nom. Nat ' Cable & Telecom. Assoc. v. FCC, 555 F.3d 996 (D.C. Cir.
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/40/?rotate=90: accessed January 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.