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


                                )
                                )
In the Matter of                 )
                                )
CDS NETWORKS, INC.               )    File No. EB-01-IH-0017c
OCN# 4282                        )    NAL/Acct. No. 200132080038
                                )
                                )
                                )

                  MEMORANDUM OPINION AND ORDER

   Adopted:  June 7, 2002               Released:  June 11, 2002

By the Chief, Enforcement Bureau:


                        I.   INTRODUCTION

In this Order, we cancel a  proposed forfeiture in the amount  of 
$6,000  against  CDS  Networks,  Inc.,  (``CDS'')  for   apparent 
violation of 47  C.F.R. § 52.15(f),  requiring reports of  number 
utilization and forecast data.  



                         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 CDS, proposing a $6,000 forfeiture.1   We 
issued the NAL because it appeared that CDS 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  CDS failed to  file an NRUF  report 
for one  OCN, which  was  referenced in  our NAL.   We  therefore 
determined that CDS 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

CDS responded  to  the NAL,  and  requested cancellation  of  the 
proposed forfeiture.  CDS  states that it  ceased operating as  a 
competitive  local  exchange  carrier  in  July  2000  when   its 
telecommunication assets, including its numbering resources, were 
transferred to another  carrier.  CDS thus  contends that it  was 
not responsible for filing the September 2000 NRUF report. 

We  have  considered  CDS's  response  in  light  of   applicable 
statutory provisions, the Commission's rules and the Commission's 
Forfeiture Guidelines.5    Because  CDS  ceased  operating  as  a 
competitive local exchange carrier, we conclude that CDS was  not 
subject to  the reporting  requirements  of section  52.15(f)  in 
September 2000 and that  cancellation of the proposed  forfeiture 
is appropriate.6



                    IV.     ORDERING CLAUSES


Accordingly, IT IS ORDERED, pursuant  to 47 U.S.C. § 504(b),  and 
47 C.F.R. §  1.80(f)(4), the monetary  forfeiture issued  against 
CDS Networks, Inc. IS HEREBY CANCELLED.  

IT IS FURTHER ORDERED that a copy of this Forfeiture Order  shall 
be sent by  Certified Mail/Return Receipt  Requested, to John  C. 
Tooker, President, CDS  Networks, Inc., P.O.  Box 1165,  Medford, 
Oregon  97501.  


                         FEDERAL COMMUNICATIONS COMMISSION
                    

     

                         David H. Solomon
                         Chief, Enforcement Bureau


_________________________

1  See CDS Networks, Inc., 16 FCC Rcd 8595 (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 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 
17,087 (1997), recon. denied, 15 FCC Rcd 303 (1999)(``Forfeiture 
Guidelines'')(codified at 47 C.F.R. § 1.80(b)(4) Note).

6 47 C.F.R. § 52.15(f)(2).