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

In the Matter of                 )
FULLTEL, INC.                    )    File No. EB-01-IH-0017g
OCN# 4589                        )    NAL/Acct. No. 200132080038
                                )    FRN 0006-7988-47

                        FORFEITURE ORDER

   Adopted:  June 7, 2002               Released:  June 11, 2002

By the Chief, Enforcement Bureau:

                        I.   INTRODUCTION

In this Order, we find that Fulltel, Inc. (``FullTel'')  violated 
47 C.F.R.  52.15(f)  by willfully failing  to report its  number 
utilization and  forecast  data.   We conclude  that  FullTel  is 
liable for a forfeiture in the amount of  $6,000.

                       II.     BACKGROUND

On April 24, 2001, the Chief, Enforcement Bureau, acting pursuant 
to delegated authority, issued a Notice of Apparent Liability for 
Forfeiture (``NAL'') to FullTel, proposing a $6,000  forfeiture.1 
We issued the NAL because it appeared that FullTel had failed  to 
report on its actual and forecast number usage by filing FCC Form 
502,  the  North  American  Numbering  Plan  Numbering   Resource 
Utilization/Forecast (``NRUF'') Report that was due on  September 
15, 2000.2  Carriers  are required  to report  for each  separate 
legal  entity  represented   by  an   Operating  Company   Number 
(``OCN'').3  It  appeared that  FullTel failed  to file  an  NRUF 
report for  one  OCN,  which  was  referenced  in  our  NAL.   We 
therefore determined that FullTel had apparently violated section 
52.15(f) of the Commission's rules, which 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.4

FullTel responded to the NAL, and admitted that it failed to file 
the NRUF  report due  September 15,  2000.  FullTel  nevertheless 
requests cancellation of the proposed forfeiture, and pledges  to 
file future NRUF reports on a timely basis. 

                       III.    DISCUSSION

The NAL  explicitly  states  that  the  proposed  forfeiture  was 
assessed in accordance with applicable statutory provisions,  the 
Commission's rules and the Commission's Forfeiture Guidelines.  5  
Section 503(b) of the Act  requires that, in examining  FullTel's 
response, we take into account 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.6 FullTel's 
response indicates that it receives numbering resources, and thus 
it  was  required  to  file  the  September  2000  NRUF  report.7  
Although Fulltel  contends  that its  failure  to report  was  an 
unintentional oversight,  a  rule  violation  resulting  from  an 
inadvertent mistake  or a  failure to  become familiar  with  the 
Commission's requirements  is  considered a  willful  violation.8  
Moreover, FullTel's pledge of future compliance does not  justify 
reduction or cancellation  of the  proposed forfeiture  penalty.9  
We have reviewed  Fulltel's response  in light  of the  statutory 
factors set forth above, and we affirm the forfeiture.  

                    IV.     ORDERING CLAUSES

Accordingly, IT IS ORDERED, pursuant  to 47 U.S.C.  503(b),  and 
47 C.F.R.  0.111, 0.311 and 1.80, that FullTel, Inc. FORFEIT  to 
the United States the  sum of six  thousand dollars ($6,000)  for 
willfully violating  the  Commission's rules  that  require  U.S. 
carriers to report actual and forecast number usage.

Payment of the forfeiture may be made by mailing a check or money 
order,  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,  within  30  days of  the  release  of  this 
Forfeiture  Order.10    The   payment  MUST   INCLUDE   the   FCC 
Registration Number (FRN) referenced  above and also should  note 
the NAL/Acct. No.  referenced above.   If the  forfeiture is  not 
paid within the period specified, the case may be referred to the 
Department of Justice for collection pursuant to 47 U.S.C.  504.  
A request for payment of the full amount of this Forfeiture Order 
under an installment plan should  be sent to: Chief, Revenue  and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.11

IT IS FURTHER ORDERED that a copy of this Forfeiture Order  shall 
be sent by Certified   Mail/Return Receipt Requested, to  Wallace 
L. Walcher, Vice President- Acquisitions and  Telecommunications, 
FullTel, Inc.,  201 Robert  S. Kerr,  Suite 210,  Oklahoma  City, 
Oklahoma 73102.  




                         David H. Solomon
                         Chief, Enforcement Bureau


1  See Fulltel,Inc., 16 FCC Rcd 8615 (EB 2001). 

2  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, 15 FCC Rcd 17005 (2000).   

3 See 47 C.F.R.  52.15(f)(3)(ii).

4 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,  16 FCC  Rcd  306  ( 
2000)(``NRO Recon. Order'').

5  47  U.S.C.   503(b);  47  C.F.R.   1.80;  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).

6   47 U.S.C.  503(b)(2)(D).

7 FullTel requests that we provide information concerning filing 
the NRUF  reports.   Filing material  for  FCC Form  502,  North 
American      Numbering      Plan      ``Numbering      Resource 
Utilization/Forecast (NRUF) Report''  and filing  advice can  be 
obtained  electronically  from  the  North  American   Numbering 
Administrator's web  site  
The North American Number Administrator may also be contacted by 
telephone at (202) 533-2654 or 202-533-2657.

8  See, e.g., Puerto  Rico Tower Co., Inc.,  16 FCC Rcd 271  (EB 
2001), citing PBJ  Communications of Virginia,  Inc., 7 FCC  Rcd 
2088 (1992);  Standard  Communications  Corp.,  1  FCC  Rcd  358 
(1986); Triad  Broadcasting  Co., Inc.,  96  FCC 2d  1235,  1242 

9  See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).  See  also 
Coleman Enterprises, Inc., 16  FCC Rcd 10016, 10,020-21  (2001), 
citing Long  Distance  Services,  Inc., 13  FCC  Rcd  4444  (CCB 
1998)(all common  carriers  are  required  to  comply  with  the 
Commission's  rules,  regardless  of  size  or  resources,   and 
remedial efforts  do not  alter  the  fact that  violations  had 
taken place or justify mitigation). 

10   See 47 C.F.R.  1.80(h).  

11   See 47 C.F.R.  1.1914.