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


                                )
                                )
In the Matter of                 )
                                )
VANGUARD CELLULAR SYSTEMS, INC.  )    File No. EB-01-IH-0017t
                                )    NAL/Acct. No. 200132080051
                                )    FRN No.  0006798052
                                )                       
                                )                       



                        FORFEITURE ORDER

   Adopted:  February 26, 2003          Released:   February  28, 
2003

By the Chief, Enforcement Bureau:


                        I.   INTRODUCTION

In this Order, we issue a monetary forfeiture against Vanguard 
Cellular Systems, Inc. (``Vanguard'') for willful violation of 47 
C.F.R.  52.15(f).  The noted violation involves Vanguard's 
failure to report its number utilization and forecast data.  
Based upon our review of the facts and circumstances of this 
case, including the response to our Notice of Apparent Liability 
(``NAL''),1 we conclude that a reduction of the proposed 
forfeiture is warranted and that Vanguard is liable for a 
forfeiture in the amount of $3,000.

                       II.     BACKGROUND

On April 24, 2001, the Chief, Enforcement Bureau, acting pursuant 
to delegated authority, issued an NAL to Vanguard, proposing a 
$9,000 forfeiture.  We issued the NAL because it appeared that 
Vanguard 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 Vanguard failed to 
file an NRUF report for two OCNs - 6383 and 6384-- which were 
referenced in our NAL.  We therefore determined that Vanguard 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

AT&T Wireless Services, Inc. (``AWS''), which is Vanguard's 
parent company, responded to the NAL, and requests cancellation 
of the forfeiture.  AWS states that it acquired Vanguard in 1999.  
In addition, Vanguard remains a wholly-owned subsidiary of AWS.  
Thereafter, AWS requested the transfer of all numbering resources 
associated with OCN 6383 and thus did not file a report due 
September 15, 2000 for this OCN. Instead, AWS asserts that it 
included utilization and forecast data for all but five of the 
NXX codes formerly assigned to OCN 6383 in AWS's NRUF report.5  
AWS argues that the failure to include forecast and utilization 
data for these codes did not significantly affect the accuracy of 
its NRUF reports. Additionally, AWS asserts that no NRUF report 
was filed for OCN 6384 because Vanguard no longer held the 
numbering resources assigned to this OCN at the time that AWS 
acquired Vanguard. 

                       III.    DISCUSSION

The NAL states that the proposed forfeiture was assessed in 
accordance with applicable statutory provisions, the Commission's 
rules and the Commission's Forfeiture Guidelines.6  Section 
503(b) of the Act requires that, in examining the 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.7 Although AWS and 
Vanguard have not justified cancellation of the forfeiture, we 
find that a reduction of the forfeiture amount is warranted. 

Carriers were required to include utilization and forecast data 
for the period between January 1, 2000 and June 30, 2000 in the 
semiannual NRUF report due September 15, 2000.8 We find that AWS 
was not responsible for reporting numbering resources associated 
with OCN 6384, which had been acquired by another entity prior to 
its acquisition of Vanguard.  However, even though AWS requested 
transfer of numbering resources associated with Vanguard's OCN 
6383 prior to the close of the reporting period, the transfer of 
some of the NXX codes did not become effective until after the 
relevant reporting period had closed.  Nevertheless, with the 
exception of five NXX codes, AWS reported the numbering resources 
formerly assigned to Vanguard in its September 15, 2000 NRUF.  
Under these circumstances, we find that AWS's submission does 
demonstrate a good faith attempt to comply with the NRUF filing 
requirement.  We therefore conclude that a reduction of the 
forfeiture amount is warranted.9   We have reviewed the response 
in light of the statutory factors set forth above, and find that 
AWS and Vanguard have justified a reduction of the proposed 
forfeiture penalty from $9,000 to $3,000.

                    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 Vanguard Cellular 
Systems, Inc., FORFEIT to the United States the sum of three 
thousand dollars ($3,000) 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 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 Douglas I. 
Brandon, Vice President- External Affairs & Law, AT&T Wireless 
Services, Inc., Fourth Floor, 1150 Connecticut Avenue, N.W., 
Washington, DC  20036.

                         FEDERAL COMMUNICATIONS COMMISSION

                    

     

                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1  See  Vanguard Cellular  Systems, Inc.,  16 FCC  Rcd 8679  (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  Numbering resources assigned in blocks of 10,000 numbers  are 
referred to as central office codes or NXX codes. 

6  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).

7   47 C.F.R.  503(b)(2)(D).

8  47 C.F.R.  52.15(f)(6)(i).  

9   See, e.g., Data Investments, Inc.,16 FCC Rcd 7905 (EB 2001).

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

11   See 47 C.F.R.  1.1914.