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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
ALLPAGE ) File No. EB-01-IH-0017
OCN# 4276 ) NAL/Acct. No. 200132080031
) FRN 0004-3752-26
)
)
FORFEITURE ORDER
Adopted: May 8, 2002 Released: May 10, 2002
By the Chief, Enforcement Bureau:
I. INTRODUCTION
In this Forfeiture Order, we find that Allpage (``Allpage'')
violated 47 C.F.R. § 52.15(f) by willfully failing to report its
number utilization and forecast data. We conclude that Allpage
is liable for a forfeiture in the amount of $6,000.
II. BACKGROUND
On April 24, 2001, the Chief, Enforcement Bureau, acting pursuant
to delegated authority, issued a Notice of Apparent Liability for
Forfeiture (``NAL'') to Allpage, proposing a $6,000 forfeiture.1
We issued the NAL because it appeared that Allpage 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 We therefore determined that Allpage 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.3
Pursuant to paragraph 15 of the NAL, we sent Allpage the NAL by
certified mail. However, we did not receive the return receipt,
which would have indicated delivery of the NAL to Allpage. Thus,
we sent the NAL to Allpage again, by certified mail and by
regular mail. The return receipt from our subsequent mailing
reflects delivery of the NAL on June 8, 2001. Allpage has not
responded to the NAL.
III. DISCUSSION
Section 52.15(f) of the Commission's rules requires U.S. carriers
to semiannually report their utilization and forecast information
for each separate legal entity represented by an Operating
Company Number (``OCN'').4 It appears that Allpage failed to
file an NRUF report for one OCN, which was referenced in our NAL.
We have not received a response from Allpage to suggest
otherwise. Thus, we conclude that Allpage willfully violated
section 52.15(f) and that imposition of the forfeiture is
warranted.
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 Allpage FORFEIT to the
United States the sum of six thousand dollars ($6,000) 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.5 The payment must include the FCC Registration
Number (FRN) and 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. 6
IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall
be sent by Certified Mail/Return Receipt Requested, to Allpage,
3141 Bordentown Avenue, Parlin, New Jersey, 08859.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 See Allpage, 16 FCC Rcd 8580 (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 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'').
4 See 47 C.F.R. § 52.15(f)(3)(ii). See also, NRO Order, 15
FCC Rcd at 7594; NRO Recon. Order 15 FCC Rcd at 353-54.
5 See 47 C.F.R. § 1.80(h).
6 See 47 C.F.R. § 1.1914.