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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
BigZoo.com Corporation ) File No. EB-04-IH-0504
) NAL/Acct. No. 200532080020
) FRN 0009726001
ORDER OF FORFEITURE
Adopted: February 18, 2005 Released:
February 23, 2005
By the Chief, Enforcement Bureau:
1. In this Order of Forfeiture, we assess a monetary
forfeiture of $20,000 against BigZoo.com Corporation
(``BigZoo''). The noted violation involves BigZoo's failure to
respond to a directive of the Enforcement Bureau (``Bureau'') to
provide certain information and documents pursuant to a
Commission Letter of Inquiry (``LOI'').1
2. The facts and circumstances surrounding this case are
set forth in the Notice of Apparent Liability for Forfeiture
issued by the Bureau in December 2004, and need not be
reiterated at length here.2 BigZoo sells prepaid long distance
phone service, and is therefore a telecommunications carrier
providing interstate service that is required to contribute to
the Universal Service Fund (``USF'') under section 54.706 of the
Commission's rules.3 In October 2004, the Universal Service
Administrative Company (``USAC'') referred BigZoo to the Bureau
for action concerning its failure to fully and timely contribute
to the 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, and 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 Through
counsel, BigZoo subsequently asked for two extensions of time
for response, and the Bureau granted them, ultimately postponing
the date for response to November 23, 2004.5 To date, the
Bureau has not received any response to the LOI.6
3. On December 21, 2004, the Bureau issued the NAL for
forfeiture in the amount of $20,000. The NAL ordered BigZoo to
pay the forfeiture or respond to the notice, as well as to
respond to the LOI, within 30 days.7 This notice was sent to
BigZoo's last known address via certified mail and email. As of
the date of the release of this order, BigZoo has still not
filed a response to LOI, and has not paid the forfeiture amount
or submitted a response to the NAL.
4. As discussed in the NAL, section 503(b)(2)(B) of the
Act authorizes the Commission to assess a forfeiture against
telecommunications carriers 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.8 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.''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 rule.10 In exercising such
authority, we have the discretion to adjust the forfeiture
amount based on the particular facts and circumstances of the
5. In the NAL, we proposed a forfeiture of $20,000 for
BigZoo's apparent violation of a Commission order by willfully
and repeatedly failing to respond to a Bureau directive to
provide certain information and documents.11 We noted the base
forfeiture of $3,000 for failure to file required forms of
information, and the base forfeiture of $4,000 for failure to
respond to a Commission communication, but concluded that the
circumstances here warranted a substantial increase from these
amounts. 12 We explained that BigZoo's misconduct ``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
6. By failing to respond to the NAL, BigZoo has failed to
identify facts or circumstances to persuade us that there is a
basis for modifying the proposed forfeiture, and we are not
aware of any further mitigating circumstances sufficient to
warrant a reduction of the forfeiture penalty. For these
reasons, we hereby impose a forfeiture of $20,000 for BigZoo's
failure to respond to a Commission communication as set forth in
IV. ORDERING CLAUSES
7. 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, that BigZoo.com Corporation SHALL FORFEIT to the United
States government the sum of $20,000 for willfully and
repeatedly violating the Commission's rules.
8. Payment of the forfeiture shall be made in the manner
provided for in section 1.80 of the Commission's rules within 30
days of the release of this Order. If the forfeiture is not
paid within the period specified, the case may be referred to
the Department of Justice for collection pursuant to Section
504(a) of the Act.14 Payment of the forfeiture must be made by
check or similar instrument, payable to the order of the Federal
Communications Commission. The payment must include the
NAL/Account No. and the FRN referenced above. Payment by check
or money order may be mailed to Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, and P.O. Box
73482, Chicago, Illinois 60673-7482. Payment by wire transfer
may be made to ABA Number 071000013, receiving bank Bank One,
and account number 1165259. Requests for full payment under an
installment plan should be sent to: Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
9. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by first class mail and certified mail return receipt to
BigZoo.com Corporation, 55 S. Lake Avenue, Suite 700, Pasadena,
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
1 Letter from Eric J. Bash, Assistant Chief, Investigations &
Hearings Division, Enforcement Bureau, FCC, to Pantipa Sarai,
BigZoo.com Corp. (Oct. 15, 2004) (``LOI'').
2 See BigZoo.Com Corporation, Notice of Apparent Liability for
Forfeiture and Order, DA 04-3983 (Enf. Bur., released Dec. 21,
3 47 C.F.R. § 54.706(a).
4 See LOI.
5 BigZoo NAL, supra note 2, at 2.
7 Id. at 5.
8 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).
9 47 U.S.C. § 503(b)(2)(D).
10 See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC
Rcd 7589, 7591, ¶ 4 (2002).
11 BigZoo NAL, supra note 2, at 5.
12 Id. at 4.
14 47 U.S.C § 504(a).
15 See 47 U.S.C § 1.1914.