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                           1.   Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                 )
                                )
CORE COMMUNICATIONS, INC.        )
OCN# 2593                        )    File No. EB-01-IH-0017e
                                )    NAL/Acct. No. 200132080036
                                )
                                )
                                )
                                )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


   Adopted:  April 20, 2001             Released: April 24, 2001


By the Chief, Enforcement Bureau:


                        I.   INTRODUCTION



In this Notice of Apparent Liability for Forfeiture (``NAL''), we 
find that  Core Communications,  Inc. (``Core'')  has  apparently 
violated 47 C.F.R.  52.15(f) by willfully failing to report  its 
number utilization and forecast data.   Based upon our review  of 
the facts and circumstances in  this case, we conclude that  Core 
is apparently liable for a forfeiture in the amount of $6,000.



                         II.       BACKGROUND


Section 251(e)  of the  Communications Act  of 1934,  as  amended  
(the ``Act''), grants  the Commission  plenary jurisdiction  over 
the  North  American  Numbering   Plan  (``NANP'')  and   related 
telephone numbering issues in the United States.  The  Commission 
has identified  two  primary  goals  related  to  this  statutory 
mandate: to ensure  that the limited  numbering resources of  the 
NANP are used efficiently for  the benefit of both consumers  and 
carriers; and  to ensure  that all  carriers have  the  numbering 
resources  necessary   to   compete  in   the   rapidly   growing 
telecommunications marketplace1 The  Commission recently  adopted 
administrative  and  technical   measures  that  facilitate   the 
monitoring of  numbering  resource  usage  within  the  NANP  and 
promote more efficient use of numbering resources, including  new 
mandatory utilization and forecast data reporting  requirements.2 
Monitoring  individual  carriers'  use  of  numbering   resources 
encourages efficiency  and  forestalls  premature  exhaustion  of 
numbering resources.  Thus, section 52.15(f) of the  Commission's 
rules requires U.S. carriers  receiving numbering resources  from 
the North American  Numbering Plan  Administrator (``NANPA''),  a 
Pooling Administrator, or another telecommunications carrier,  to 
report semiannually on their  actual and forecast number  usage.3   
These data are to be reported on FCC Form 502, the North American 
Numbering Plan Numbering Resource Utilization/Forecast (``NRUF'') 
Report.  

The staff  of  the Common  Carrier  Bureau determined  that  Core 
apparently  did  not  file  the  mandatory  NRUF  report  due  on 
September 15, 2000.  On January 29, 2001, the Enforcement  Bureau 
sent a letter to Core, which explained that Core might be subject 
to enforcement  action  if  it  had failed  to  comply  with  the 
mandatory  reporting   requirements  of   section  52.15(f).   In 
addition, our letter cautioned Core that the NANPA would withhold 
numbering resources  as  a sanction  for  failure or  refusal  to 
comply with the mandatory reporting requirements.4 


 Our letter gave Core the opportunity to provide proof of  filing 
of the NRUF report due on  September 15, 2000, and reminded  Core 
that its next NRUF report was due on February 1, 2001.  Core  did 
not respond to our letter.5  



                       III.    DISCUSSION



Section 503(b)(1)(B)  of the  Act provides  that any  person  who 
willfully or  repeatedly fails  to  comply with  the Act  or  the 
Commission's rules shall be liable for a forfeiture penalty.6  We 
conclude that  Core  failed  to  file  the  NRUF  report  due  on 
September  15,  2000.  Thus,   Core  is  apparently  liable   for 
forfeiture for  the willful  violation of  section 52.15  of  the 
Commission's rules,  which requires  U.S. carriers  to report  on 
their actual and forecast number usage.7  The Commission has held 
that an act or  omission is ``willful'' if  the violator knew  it 
was taking the action  in question, whether or  not there is  any 
intent to violate the rule.8 Based upon the record before us,  it 
appears  that  Core's  failure  to  comply  with  the   reporting 
requirements was willful.

In assessing a forfeiture, Section  503(b)(2)(D) of the Act9  and 
section 1.80(b)(4)10  of the  Commission's  rules require  us  to 
consider the  nature, circumstances,  extent and  gravity of  the 
violation, and,  with  respect to  the  violator, the  degree  of 
culpability, any history of prior  offenses, ability to pay,  and 
other such  matters as  justice  may require.   The  Commission's 
Forfeiture Guidelines  establish  a  base amount  of  $3,000  for 
failure to file required forms or information.11  The  Guidelines 
also provide that we may issue  a higher or lower forfeiture,  as 
permitted by statute.12   Based upon the  information before  us, 
and taking into  consideration the factors  expressed in  Section 
503(b)(2)(D) of the Act, we find that a forfeiture that is higher 
than the base amount is warranted in this case.  

The Commission  has  emphasized  that  consistent,  accurate  and 
complete reporting  of number  utilization and  forecast data  is 
critical  to   promoting   efficiency  and   avoiding   premature 
exhaustion of numbering  resources.13 The potential  harm to  the 
integrity  and   objectives   of   the   Commission's   numbering 
administration  and  optimization   strategies  caused  by   non-
compliance  with  the  section  52.15(f)  reporting  requirements 
increases as  a non-compliant  carrier's inventory  of  numbering 
resources increases.  We therefore find that it is appropriate to 
take into  account  the  amount of  Core's  unreported  numbering 
resources  in  determining  the  forfeiture  amount.    Numbering 
resources  are  assigned  either  in  blocks  of  10,000  numbers 
referred to as central office codes or NXX codes, or in blocks of 
1,000 numbers.  Core has been assigned 22 NXX codes.  Under these 
circumstances, we  find that  an upward  adjustment of  the  base 
forfeiture is appropriate for Core's failure to file the required 
NRUF report, and  we thus impose  a forfeiture in  the amount  of 
$6,000, which represents double  the base forfeiture for  failure 
to file required report.

Our  January  29,  2001  letter  reminded  Core  that  its   next 
semiannual NRUF report was due  on February 1, 2001.  It  appears 
that Core may not  have filed this report.   Failure to file  the 
February NRUF  report, as  required  by section  52.15(f),  would 
constitute a  separate violation  of the  Commission's rules.  We 
warn Core  that failure  to file  the February  report or  future 
reports could form the basis  for additional notices of  apparent 
liability. Moreover,  if  Core  fails to  comply  with  the  NRUF 
reporting requirements in the  future, the Common Carrier  Bureau 
may deem that its numbering resources are unused, and thus  begin 
reclamation of  those numbering  resources.14  In  addition,  the 
Commission may  consider proceedings  to revoke  the section  214 
authorizations and Title III licenses of carriers that persist in 
their non-compliance with section 52.15(f).


 

                      IV.  ORDERING CLAUSES


Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C.   503(b), 
and 47  C.F.R.    1.80,  Core  Communications,  Inc.  is  hereby 
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount 
of six thousand dollars  ($6,000) for violating the  Commission's 
rules that require  U.S. carriers to  report actual and  forecast 
number usage.

IT IS FURTHER ORDERED THAT, pursuant to 47 C.F.R.  1.80,  within 
thirty  days  of   this  NOTICE  OF   APPARENT  LIABILITY,   Core 
Communications, Inc. SHALL  PAY the full  amount of the  proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

Payment of  the forfeiture  may be  made by  mailing a  check  or 
similar  instrument,  payable  to   the  order  of  the   Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. referenced above.

The response, if any, must be mailed to Charles W. Kelley, Chief, 
Investigations and Hearings Division, Enforcement Bureau, Federal 
Communications Commission,  445 12th  Street, S.W,  Room  3-B443, 
Washington DC  20554  and MUST  INCLUDE  the file  number  listed 
above.

The  Commission  will  not  consider  reducing  or  canceling   a 
forfeiture in response to a claim of inability to pay unless  the 
petitioner submits: (1) federal tax  returns for the most  recent 
three-year period; (2) financial statements prepared according to 
generally accepted accounting practices  (``GAAP''); or (3)  some 
other  reliable  and  objective  documentation  that   accurately 
reflects the petitioner's current financial status.  Any claim of 
inability to pay  must specifically  identify the  basis for  the 
claim by reference to the financial documentation submitted.

Requests for  payment  of  the  full amount  of  this  Notice  of 
Apparent Liability under an installment  plan should be sent  to: 
Chief, Revenue and Receivables Operations Group, 445 12th Street, 
S.W., Washington, D.C. 20554.  See 47 C.F.R.  1.1914.

Commission  records  indicate  that  Core  Communications,   Inc. 
apparently has not designated an agent for service of  Commission 
decisions, as required by 47  C.F.R.  1.47(h).  Accordingly,  IT 
IS FURTHER  ORDERED  that  a  copy of  this  Notice  of  Apparent 
Liability for Forfeiture  shall be  posted in the  Office of  the 
Secretary.15  In  addition,  a copy  will  be sent  by  Certified 
Mail/Return Receipt Requested, to Core Communications, Inc.,  209 
West Street, Suite 302, Annapolis, MD  21401.  

     

                         FEDERAL COMMUNICATIONS COMMISSION
                    

     

                         David H. Solomon
                         Chief, Enforcement Bureau


_________________________

1  Numbering Resource Optimization, Report and Order and Further 
Notice of Proposed Rulemaking  in CC Docket  No. 99-200, 15  FCC 
Rcd 7574  (2000)(``NRO  Order''); recon.  and  clarification  in 
part, Second Report  and Order, Order  on Reconsideration in  CC 
Docket 96-98 and CC Docket 99-200, and Second Further Notice  of 
Proposed Rulemaking in  CC Docket 99-200,  FCC 00-429 (Dec.  29, 
2000).  

2   Id.  

3  The NRUF reports are  due on or before  February 1 and on  or 
before August  1 of  each year.   See 47  C.F.R.   52.15(f)(6).  
However, we note that the deadline for filing reports due August 
1, 2000 was extended to  September 15, 2000. Numbering  Resource 
Optimization, CC Docket No. 99-200, FCC 00-280 (Jul. 31, 2000).   

4  47 C.F.R.   52.25(g)(3)(iv).  See NRO Order,  15 FCC Rcd  at 
7609-10.   

5  The Enforcement Bureau mailed the January 29, 2001 letter  to 
Core by certified  mail, return receipt  requested.  The  return 
receipt reflects that Core received the Bureau's letter but does 
not indicate the date of receipt. 

6  47 U.S.C.  503(b)(1)(B).   See also 47 C.F.R.   1.80(a)(2).  
Recently, the Commission  amended Section 1.80  of its rules  to 
make inflation adjustments in the maximum penalties that may  be 
imposed.  Accordingly,  for  a common  carrier,  the  forfeiture 
limit for  each  violation  is  now  $120,000,  with  a  maximum 
potential forfeiture of  $1,200,000 for  a continuing  violation 
involving a  single act  or failure  to act.   See Amendment  of 
Section 1.80(b)  of the  Commission's Rules,  15 FCC  Rcd  18221 
(2000).   

7 Carriers are required to  file NRUF reports by separate  legal 
entity for  each Operating  Company  Number (``OCN'').   See  47 
C.F.R.    52.15(f)(3)(ii).    Our  January   29,  2001   letter 
referenced one OCN for  which Core apparently  had not filed  an 
NRUF report due September 15, 2000.

8  Southern  California Broadcasting  Company,  6 FCC  Rcd  4387 
(1991).   

9  47 U.S.C.  503(b)(2)(D).

10  47 C.F.R.   1.80(b)(4).  

11   The Commission's Forfeiture Policy Statement and  Amendment 
of Section  1.80  of the  Rules  to Incorporate  the  Forfeiture 
Guidelines, 12 FCC Rcd 17087  (1997), recon. denied, 15 FCC  Rcd 
303 (1999)(``Forfeiture  Guidelines'')(codified at  47 C.F.R.   
1.80(b)(4) Note).   

12  Id. 

13 NRO Order at 7593.

14 See NRO Order at 7678-7683.  

15  See 47 C.F.R.  1.47(h).