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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB 00-IH-0241
) TRS Company Code: 811135
Advanced Telecom. Network, Inc. ) NAL/Acct. No.
200132080020
FORFEITURE ORDER
Adopted: April 19, 2001 Released: April 20,
2001
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order, we find that Advanced
Telecom. Network, Inc. (``Advanced'') has violated 47 U.S.C.
§ 254(d) and 47 C.F.R. § 54.706 by willfully and repeatedly
failing to make required contributions to universal service
support programs. We conclude that Advanced is liable for a
forfeiture in the amount of forty-six thousand seven hundred
dollars ($46,700), the amount proposed in the Notice of
Apparent Liability (``NAL'') in this matter.1
2. On March 2, 2001, the Commission, by the Chief,
Enforcement Bureau, acting pursuant to delegated authority,
issued the NAL to Advanced. We issued the NAL because it
appeared that Advanced had been chronically tardy in
submitting its required universal service contributions and
owed more than $266,000 to universal service funds.
Pursuant to paragraph 15 of the NAL, we sent the NAL by
certified mail to Advanced. Although the return receipt
reflects that Advanced received the NAL on March 5, 2001, we
have not received a response or payment. Having received
nothing that would undermine the factual findings described
in the NAL, we conclude that the violations as described
occurred and that the proposed forfeiture should issue.
3. Accordingly, IT IS ORDERED THAT, pursuant to 47
U.S.C. § 503(b) and 47 C.F.R. § 1.80(f)(4), Advanced
Telecom. Network, Inc. is LIABLE FOR A FORFEITURE in the
amount of forty-six thousand seven hundred dollars ($46,700)
for willfully and repeatedly violating 47 U.S.C. § 254(d)
and 47 C.F.R. § 54.706.
4. Payment of the forfeiture shall be made in the
manner provided for in 47 C.F.R. § 1.80 within thirty days
of the release of this Forfeiture 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 47 U.S.C. § 504(a). Advanced Telecom. Network,
Inc. may pay the forfeiture 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. The payment should note the
NAL/Acct. No. referenced above. 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. 20554.2
5. IT IS FURTHER ORDERED THAT a copy of this
Forfeiture Order shall be sent by Certified Mail Return
Receipt Requested to Advanced Telecom. Network, Inc., 4
Executive Campus, Suite 200, Cherry Hill, New Jersey 08002,
attention: Phillip Krieger.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Advanced Telecom. Network, Inc., Notice of Apparent
Liability, DA 01-542 (Enforcement Bureau March 2, 2001).
2 See 47 C.F.R. § 1.1914.