Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
1. This Consent Decree is entered into by the Enforcement
Bureau of the Federal Communications Commission ("Bureau") and
North County Communications Corp. (``NCC'').
2. NCC operates as a facilities-based competitive local
exchange carrier in California, Oregon, Washington and Arizona,
providing telecommunications services to its customers. NCC
competes directly in major local markets in these states with
large incumbent local exchange carriers such as U.S. West for
local service customers, as well as with interexchange carriers
such as AT&T, Sprint and MCI for long distance telecommunications
3. 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. These data are to be
reported on FCC Form 502, the North American Numbering Plan
Numbering Resource Utilization/Forecast (``NRUF'') Report.
Carriers and their affiliates and subsidiaries are assigned
Operating Company Numbers (``OCNs'') for which NRUF reports must
4. Pursuant to section 52.15(f)(6), NRUF reports are due on or
before February 1 and on or before August 1 of each year.1 The
deadline for filing reports due on August 1, 2000 was extended to
September 15, 2000.2 The Bureau received information indicating
that NCC failed to file the NRUF reports due on September 15,
2000 for OCN numbers 7894, 8293, and 8294.
5. The Bureau initiated an investigation of NCC's apparent
failure to comply with the mandatory reporting requirements of
section 52.15(f). As a result of the investigation, the Bureau
issued a Notice of Apparent Liability for Forfeiture (``NAL'').
In the NAL, the Bureau made a preliminary finding that NCC
apparently had willfully violated section 52.15(f) and proposed a
forfeiture in the amount of $6,000 for this apparent violation.3
6. For the purposes of this Consent Decree, the following
definitions shall apply:
(a) "Commission" means the Federal Communications Commission.
(b) "Bureau" means the Commission's Enforcement Bureau.
(c) "NCC'' means North County Communications Corp.
(d) "Order" means the order of the Enforcement Bureau
adopting this Consent Decree.
(e) "Final Order" means the Order that is no longer subject
to administrative or judicial reconsideration, review,
appeal, or stay.
(f) ``Act'' means the Communications Act of 1934, as
amended, Title 47 of the United States Code.
(g) ``NAL'' means Notice of Apparent Liability for
7. NCC agrees that the Bureau has jurisdiction over the matters
contained in this Consent Decree and the authority to enter into
and adopt this Consent Decree.
8. The Bureau and NCC agree that this Consent Decree does not
constitute an adjudication on the merits or any finding on the
facts or law regarding any violations of the Act or the
Commission's rules committed by NCC.
9. NCC agrees to implement, within 10 calendar days after the
Bureau releases the Order adopting this Consent Decree, a
comprehensive internal program, a summary of which is attached
hereto, to ensure NCC's future compliance with the Commission's
rules governing mandatory reporting of actual and forecast number
10. NCC agrees that it shall make a voluntary contribution to
the United States Treasury in the amount of $4,800 within 10
calendar days after the Bureau releases the Order adopting this
11. In express reliance upon the representations contained
herein, the Bureau agrees to terminate its investigation into the
matters discussed in paragraphs 3-5, above, and to cancel the NAL
issued to NCC in connection with that investigation.
12. The Bureau agrees not to institute on its own motion any new
proceeding, formal or informal, of any kind against NCC for
apparent violations of section 52.15(f) of the Commission's rules
arising from the matters discussed in paragraphs 3-5, above, for
behavior during the time period preceding the date of this
13. In the event that NCC is found by the Commission or its
delegated authority to have engaged in a violation of section
52.15(f) subsequent to the release of the Order adopting this
Consent Decree, NCC agrees that the conduct described in
paragraphs 3-5, above, may be considered by the Commission or its
delegated authority in determining an appropriate sanction.
14. NCC waives any and all rights it may have to seek
administrative or judicial reconsideration, review, appeal or
stay, or to otherwise challenge or contest the validity of this
Consent Decree and the Order adopting this Consent Decree,
provided the Order is limited to adopting the Consent Decree
without change, addition, or modification.
15. NCC and the Bureau agree that the effectiveness of this
Consent Decree is expressly contingent upon issuance of the
Order, provided the Order adopts the Consent Decree without
change, addition, or modification.
16. NCC and the Bureau agree that in the event that this Consent
Decree is rendered invalid by any court of competent
jurisdiction, it shall become null and void and may not be used
in any manner in any legal proceeding.
17. NCC and the Bureau agree that if NCC, the Commission, or the
United States on behalf of the Commission, brings a judicial
action to enforce the terms of the Order adopting this Consent
Decree, neither NCC nor the Commission shall contest the validity
of the Consent Decree or Order, and NCC and the Commission shall
waive any statutory right to a trial de novo with respect to any
matter upon which the Order is based (provided in each case that
the Order is limited to adopting the Consent Decree without
change, addition, or modification), and shall consent to a
judgment incorporating the terms of this Consent Decree.
18. NCC agrees to waive any claims it may otherwise have under
the Equal Access to Justice Act, Title 5 U.S.C. § 504 and 47 C.F.
R. § 1.1501 et seq., relating to the matters discussed in
paragraphs 3-5, above.
19. NCC agrees that any violation of the Order adopting this
Consent Decree shall constitute a separate violation and subject
NCC to appropriate administrative sanctions.
20. NCC and the Bureau agree to be bound by the terms and
conditions stated herein.
21. NCC and the Bureau agree that this Consent Decree may be
signed in counterparts.
FEDERAL COMMUNICATIONS COMMISSION
By: ________________________________ ____________
David H. Solomon Date
Chief, Enforcement Bureau
North County Communications Corp.
By: ________________________________ ____________
SUMMARY OF COMPLIANCE PROGRAM
NORTH COUNTY COMMUNICATIONS CORP.
North County Communications Corp. (``NCC'') proposes the
following compliance plan and will implement the following
measures in order to ensure compliance with the Commission's
mandatory reporting requirements of Section 52.15(f) of the
1. The President of NCC (``President'') will post a
copy of Section 52.15(f) of the Commission's rules, the
NANPA Job Aid, and the FCC Form 502 in a public place within
NCC's offices. The President will ensure that an NCC
employee consults the NANPA's website, www.nanpa.com, on a
regular basis - and at least two months before each filing
deadline for FCC Form 502 - to obtain information about
revisions to the FCC's reporting requirements of FCC Form
2. The President will ensure that procedures are in
place to gather detailed number utilization and forecast
data on December 31st and June 30th of each year as required
by Section 52.15(f) of the Commission's rules.
3. The President will ensure that an NCC employee
who is familiar with the mandatory reporting requirements
under Section 52.15(f) of the Commission's rules has
sufficient time to complete and proof FCC Form 502 before
February 1st and August 1st of each year.
4. The President will ensure that the completed and
proofed FCC Form 502 is properly filed with NANPA by
February 1st and August 1st of each year as required by
Section 52.15(f) of the Commission's rules.
5. The President will maintain dated copies of each
FCC Form 502 filed with NANPA pursuant to Section 52.15(f)
of the Commission's rules.
1 47 C.F.R. § 52.15(f)(6).
2 The extension for the August 1, 2000 report was implemented by
the Commission in Number Resource Optimization, CC Docket No. 99-
200, 15 FCC Rcd 17005 (2000).
3 North County Communications Corp., 16 FCC Rcd 8650 (EB 2001).