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


In the Matter of                  )
                                 )
BigZoo.com Corporation            )   File No. EB-04-IH-0504
                                 )
                                 )   NAL/Acct. No. 200532080020
                                 )
Apparent      Liability      for  )   FRN 0009726001
Forfeiture                        )



    NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

Adopted:  December 20, 2004             Released:   December 
21, 2004

By the Chief, Enforcement Bureau:



I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find that BigZoo.com  Corporation 
(``BigZoo'') apparently violated a Commission order by 
willfully and repeatedly failing to respond to a directive 
of the Enforcement Bureau (``Bureau'') to provide certain 
information and documents.  Based on our review of the facts 
and circumstances of this case, and for the reasons 
discussed below, we find that BigZoo is apparently liable 
for a monetary forfeiture in the amount of $20,000.


II.  BACKGROUND

     2.   BigZoo offers prepaid long distance phone service.  
To use its service, customers establish an account online, 
then dial a local or toll-free access number followed by a 
personal identification number, and then dial the telephone 
number associated with the destination they wish to reach.1 

     3.   In October 2004, the Universal Service 
Administrative Company referred BigZoo to the Bureau for 
action concerning its failure to fully and timely contribute 
to the Universal Service Fund (``USF'').  Thereafter, by 
letter dated October 15, 2004, the Bureau initiated an 
investigation into whether the company violated, among other 
things, section 54.706 of the Commission's rules, which 
requires entities that provide interstate telecommunications 
to the public to contribute to USF.2  The Bureau sent the 
LOI to BigZoo by certified mail/return receipt requested, by 
email, and by facsimile.3  The LOI directed BigZoo to 
provide certain specified documents and information within 
twenty calendar days of the date of the letter, i.e., by 
November 4, 2004.

     4.   On October 25, 2004, Mark Del Bianco, Esq., 
contacted Bureau staff, represented himself to be counsel 
for BigZoo, and requested an extension of time to respond to 
the LOI.  Bureau staff granted Mr. Del Bianco an extension 
until November 11, 2004.4  

     5.   On November 9, 2004, Mr. Del Bianco again 
contacted Bureau staff, and requested an additional 
extension of time to respond to the LOI.  Bureau staff again 
granted an additional extension until November 19, 2004, 
stating that ``especially because the Bureau has now given 
BigZoo.com more than one month to reply to the LOI, please 
be certain that the company's response is full and complete 
in all respects when we receive it.''5

     6.   On November 23, 2004, having received no filing or 
response of any kind from BigZoo, Bureau staff contacted Mr. 
Del Bianco about the status of the company's response.  Mr. 
Del Bianco advised Bureau staff that he no longer 
represented BigZoo.6

     7.   Later that same day, Bureau staff sent a letter to 
BigZoo, reciting the above history, and reminding BigZoo 
that its ``failure to respond fully to the October 15, 2004 
LOI subjects it to potential enforcement action, including 
forfeitures.  Unless we receive a full response to the 
Bureau's LOI within seven days of this letter, by December 
1, 2004, we will commence such an enforcement action.''7  
The Bureau sent the letter by certified mail/return receipt 
requested, and by facsimile.  Additionally, Bureau staff 
repeatedly telephoned BigZoo between November 23, 2004, and 
December 1, 2004, and left voicemail messages each time, but 
received no response to those messages.  To date, the Bureau 
has not received any response of any kind from BigZoo.  


III.      DISCUSSION

     III.A.    Apparent Violation

     8.   Under section 503(b)(1) of the Act, any person who 
is determined by the Commission to have willfully or 
repeatedly failed to comply with any provision of the Act or 
any rule, regulation, or order issued by the Commission 
shall be liable to the United States for a forfeiture 
penalty.8  In order to impose such a forfeiture penalty, the 
Commission must issue a notice of apparent liability, the 
notice must be received, and the person against whom the 
notice has been issued must have an opportunity to show, in 
writing, why no such forfeiture penalty should be imposed.9  
The Commission will then issue a forfeiture if it finds by a 
preponderance of the evidence that the person has willfully 
or repeatedly violated the Act or a Commission order or 
rule.10  

     9.   Sections 4(i), 4(j), 218, and 403 of the Act 
afford the Commission broad authority to investigate the 
entities it regulates.  Section 4(i) authorizes the 
Commission to ``issue such orders, not inconsistent with 
this Act, as may be necessary in the execution of its 
functions,'' and section 4(j) states that ``the Commission 
may conduct its proceedings in such manner as will best 
conduce to the proper dispatch of business and to the ends 
of justice.''  Section 218 of the Act authorizes the 
Commission to ``obtain from . . . carriers . . . full and 
complete information necessary to enable the Commission to 
perform the duties and carry out the objects for which it 
was created.''11  Section 403 likewise grants the Commission 
``full authority and power to institute an inquiry, on its 
own motion . . . relating to the enforcement of any of the 
provisions of this Act.''12

     10.  As indicated above, the Bureau directed BigZoo to 
provide certain documents and information in order to enable 
the Commission to perform its enforcement function and 
evaluate allegations that BigZoo violated Commission rules.  
Commission rules specifically require BigZoo to maintain 
these documents and produce them upon the Commission's 
request.13  BigZoo received the LOI, as evidenced by return 
of the mail receipt to the Bureau, confirmation of the 
facsimile transmission, and most importantly, BigZoo's 
counsel's repeated requests for extensions of time to 
respond.  After its counsel withdrew, Bureau staff sent 
correspondence to the company directly, by facsimile, email 
and mail.  BigZoo's failure to respond to the Bureau's LOI 
constitutes a violation of a Commission order.14    

     III.B.    Forfeiture Amount

     11.  Section 503(b)(2)(B) of the Act authorizes the 
Commission to assess a forfeiture of up to $130,000 for each 
violation or each day of a continuing violation, up to a 
statutory maximum of $1,325,000 for a single act or failure 
to act.15  In determining the appropriate forfeiture amount, 
we consider the factors enumerated in section 503(b)(2)(D) 
of the Act, including ``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 such other matters as justice 
may require.''16

     12.  Section 1.80 of the Commission's rules and the 
Commission's Forfeiture Policy Statement establish a base 
forfeiture amount of $3,000 for failure to file required 
forms or information, and $4,000 for failure to respond to a 
Commission communication.17  We find that the lack of a 
response to a Bureau LOI in the circumstances presented here 
warrants a substantial increase to this base amount.  
Misconduct of this type exhibits a disregard for the 
Commission's authority that cannot be tolerated, and, more 
importantly, threatens to compromise the Commission's 
ability to adequately investigate violations of its rules.18  
The Bureau must act swiftly to investigate potential 
violations of the Communications Act or the Commission's 
rules in order to take action within the one year period 
specified in section 503(b)(6) of the Act.19  Prompt and 
full responses to Bureau inquiry letters are, accordingly, 
critical to the Commission's enforcement function.  

     13.  Furthermore, BigZoo's conduct here is particularly 
egregious.  The company received the Bureau's LOI and 
through counsel sought and obtained not one but two 
extensions of time to respond.  Nevertheless, the company 
still has not filed a response of any kind to the LOI.  We 
therefore propose a forfeiture against BigZoo of $20,000 for 
failing to respond to the Bureau's LOI.  

     14.  We also direct BigZoo to respond fully to the 
October 15, 2004, LOI within thirty days of the release of 
this order.  Failure to do so may constitute an additional 
violation potentially subjecting BigZoo to further 
penalties, including potentially higher monetary forfeitures 
and/or the revocation of BigZoo's authorization to operate 
as a common carrier pursuant to section 214 of the Act.20

IV.  ORDERING CLAUSES

     15.  ACCORDINGLY, IT IS ORDERED THAT, pursuant to 
section 503(b) of the Communications Act of 1934, as 
amended, 47 U.S.C.  503(b), and section 1.80 of the 
Commission's rules, 47 C.F.R. 1.80, BigZoo.com Corporation 
is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE 
in the amount of $20,000 for willfully and repeatedly 
violating a Commission order.

     16.  IT IS FURTHER ORDERED THAT, pursuant to section 
1.80 of the Commission's rules, 47 C.F.R.  1.80, within 
thirty days of the release date of this NOTICE OF APPARENT 
LIABILITY FOR FORFEITURE, BigZoo.com Corporation SHALL PAY 
the full amount of the proposed forfeiture currently 
outstanding on that date or SHALL FILE a written statement 
seeking reduction or cancellation of the proposed 
forfeiture.

     17.  Payment of the forfeiture may be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
NAL/Acct. No. and FRN No. referenced above.  Payment by 
check or money order may be mailed to Forfeiture Collection 
Section, Finance Branch, Federal Communications Commission, 
P.O. Box 73482, Chicago, Illinois 60673-7482.  Payment by 
overnight mail may be sent to Bank One/LB 73482, 525 West 
Monroe, 8th Floor Mailroom, Chicago, IL 60661.  Payment by 
wire transfer may be made to ABA Number 071000013, receiving 
bank Bank One, and account number 1165259.

     18.  IT IS FURTHER ORDERED, that pursuant to sections 
4(i), 4(j), 218 and 403 of the of the Communications Act of 
1934, as amended, 47 U.S.C.  4(i), 4(j), 218 and 403, and 
section 54.711 of the Commission's rules, 47 C.F.R.  
54.711, BigZoo.com Corporation shall fully respond to the 
October 15, 2004, Letter of Inquiry sent by the FCC's 
Enforcement Bureau within 30 days of the release of this 
order.

     19.  The response, if any, to this NOTICE OF APPARENT 
LIABILITY FOR FORFEITURE must be mailed to William H. 
Davenport, Chief, Investigations and Hearings Division, 
Enforcement Bureau, Federal Communications Commission, 445 
12th Street, S.W., Suite 4-C330, Washington, D.C.  20554 and 
must include the NAL/Acct. No. referenced above.

     20.  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.

     21.  Requests for payment of the full amount of this 
NOTICE OF APPARENT LIABILITY FOR FORFEITURE under an 
installment plan should be sent to Chief, Revenue and 
Receivables Operations Group, 445 12th Street, S.W., 
Washington, D.C.  20554.

     22.  IT IS FURTHER ORDERED that the Secretary shall 
send, by certified mail/return receipt requested, a copy of 
this NOTICE OF APPARENT LIABILITY FOR FORFEITURE to Pantipa 
Sarai, BigZoo.com Corporation, 55 South Lake Avenue, Suite 
700, Pasadena, CA 91101.       


                         FEDERAL COMMUNICATIONS COMMISSION


                         David H. Solomon
                         Chief, Enforcement Bureau 

_________________________

1 www.bigzoo.com/home/what.asp 

2 Letter from Eric J. Bash, Assistant Chief, Investigations 
& Hearings  Division, Enforcement  Bureau, FCC,  to Pantipa 
Sarai, BigZoo.com Corp. (Oct. 15, 2004) (``LOI'').

3  According  to  the  certified  mail's  return  receipts, 
BigZoo's  Washington, D.C.  agent for  service, Corporation 
Service Company, received the LOI  on October 20, 2004, and 
BigZoo's  corporate   office,  located  in   Pasadena,  CA, 
received the LOI on October 22, 2004. 

4 Email from Eric  J. Bash, Assistant Chief, Investigations 
& Hearings Division, FCC, to Mark C. Del Bianco, Esq. (Oct. 
27, 2004).

5 Email from Eric  J. Bash, Assistant Chief, Investigations 
& Hearings Division, FCC, to Mark C. Del Bianco, Esq. (Nov. 
9, 2004).

6 Letter from Mark C. Del Bianco to Eric J. Bash, Assistant 
Chief, Investigations  & Hearings  Division, FCC  (Nov. 23, 
2004).

7   Letter  from   Hillary   S.   DeNigro,  Deputy   Chief, 
Investigations &  Hearings Division, FCC to  Pantipa Sarai, 
BigZoo.com Corp. (Nov. 23, 2004).

8 47  U.S.C.   503(b)(1)(B); 47  C.F.R.   1.80(a)(1); see 
also 47 U.S.C.  503(b)(1)(D) (forfeitures for violation of 
14 U.S.C.   1464).  Section  312(f)(1) of the  Act defines 
willful  as ``the  conscious and  deliberate commission  or 
omission  of  [any]  act,  irrespective of  any  intent  to 
violate'' the law.  47 U.S.C.  312(f)(1).  The legislative 
history to section 312(f)(1) of the Act indicates that this 
definition  of willful  applies  to both  sections 312  and 
503(b)  of the  Act, H.R.  Rep. No.  97-765, 97th  Cong. 2d 
Sess. 51 (1982), and the  Commission has so interpreted the 
term in the section 503(b) context.  See, e.g., Application 
for  Review   of  Southern  California   Broadcasting  Co., 
Memorandum Opinion and Order, 6  FCC Rcd 4387, 4387-88,  5 
(1991)   (``Southern   California   Broadcasting'').    The 
Commission may also assess a forfeiture for violations that 
are merely  repeated, and not willful.   See, e.g., Callais 
Cablevision,  Inc.,   Grand  Isle,  Louisiana,   Notice  of 
Apparent  Liability for  Monetary  Forfeiture,  16 FCC  Rcd 
1359, 1362,  10  (2001) (``Callais Cablevision'') (issuing 
a Notice  of Apparent  Liability for,  inter alia,  a cable 
television    operator's    repeated    signal    leakage).  
``Repeated'' means  that the  act was committed  or omitted 
more than  once.  Southern  California Broadcasting,  6 FCC 
Rcd at 4388,  5; Callais  Cablevision, 16 FCC Rcd at 1362, 
 9.

9 47 U.S.C.  503(b); 47 C.F.R.  1.80(f).

10 See,  e.g., SBC Communications, Inc.,  Forfeiture Order, 
17  FCC  Rcd  7589,  7591,   4  (2002)  (``SBC  Forfeiture 
Order'').

11 47 U.S.C.  218.

12 47 U.S.C.  403.   Section 403 provides, in part:  ``The 
Commission shall have full authority  and power at any time 
to institute an inquiry, on its own motion, in any case and 
as to  any matter  or thing  concerning which  complaint is 
authorized to be  made, to or before the  Commission by any 
provision of this Act, or concerning which any question may 
arise under any of the  provisions of this Act.''  See also 
47 U.S.C.  154(i), (j).

13  47 C.F.R.   54.711  in the  USF section  of our  rules 
requires   contributors    to   ``maintain    records   and 
documentation  to  justify   information  reported  in  the 
Telecommunications Reporting Worksheet  for three years and 
[to]  provide   such  records  and  documentation   to  the 
Commission or the Administrator upon request.''

14 See, e.g.,  SBC Forfeiture Order, 17 FCC Rcd  at 7600,  
28;  Globcom,  Inc.,  Notice   of  Apparent  Liability  for 
Forfeiture  and  Order, 18  FCC  Rcd,  19893, 19898  n.  36 
(2003);  American Family  Association, Licensee  of Station 
KBMP(FM), Enterprise, Kansas,  Notice of Apparent Liability 
for Forfeiture, 19  FCC Rcd 14072 (Enf. Bur.  rel. July 28, 
2004); World Communications Satellite Systems, Inc., Notice 
of  Apparent Liability  for  Forfeiture, 18  FCC Rcd  18545 
(Enf. Bur. rel. Sept. 9, 2003) (``WCSS Forfeiture Order''); 
Donald W.  Kaminski, Jr., Notice of  Apparent Liability for 
Forfeiture, 16 FCC Rcd 10707 (Enf. Bur. rel. May 14, 2001).

15  47  U.S.C.    503(b)(2)(B).   See  also  47  C.F.R.   
1.80(b)(2);   Amendment   of   Section   1.80(b)   of   the 
Commission's  Rules,  Adjustment  of Forfeiture  Maxima  to 
Reflect Inflation, Order, 19 FCC Rcd 10945 (2004). 

16 47 U.S.C.  503(b)(2)(D).

17  47  C.F.R.     1.80;  Commission's  Forfeiture  Policy 
Statement and  Amendment of  Section 1.80  of the  Rules to 
Incorporate the Forfeiture Guidelines, Report and Order, 12 
FCC   Rcd   17087,   17114  (1997)   (``Forfeiture   Policy 
Statement''); recon. denied 15 FCC Rcd 303 (1999).

18 See, e.g.,  SBC Forfeiture Order, 17 FCC Rcd  at 7600,  
28 (fining SBC $100,000 for  violating an order to submit a 
sworn statement  with its response  to a Bureau  LOI); WCSS 
Forfeiture Order, 18 FCC  Rcd 18545 ($10,000 forfeiture for 
submitting a jurisdictional objection in lieu of a response 
to a Bureau Letter of Inquiry).

19 47 U.S.C  503(b)(6).

20 See  NOS Communications,  Inc., Affinity  Network, Inc., 
and NOSVA Limited Partnership,  Order to Show Cause, Notice 
of Opportunity for Hearing, 18 FCC Rcd 6952 (2003).