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1. Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
FULLTEL, INC. ) File No. EB-01-IH-0017g
OCN# 4589 ) NAL/Acct. No. 200132080038
) FRN 0006-7988-47
Adopted: June 7, 2002 Released: June 11, 2002
By the Chief, Enforcement Bureau:
In this Order, we find that Fulltel, Inc. (``FullTel'') violated
47 C.F.R. § 52.15(f) by willfully failing to report its number
utilization and forecast data. We conclude that FullTel is
liable for a forfeiture in the amount of $6,000.
On April 24, 2001, the Chief, Enforcement Bureau, acting pursuant
to delegated authority, issued a Notice of Apparent Liability for
Forfeiture (``NAL'') to FullTel, proposing a $6,000 forfeiture.1
We issued the NAL because it appeared that FullTel 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 FullTel failed to file an NRUF
report for one OCN, which was referenced in our NAL. We
therefore determined that FullTel 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
FullTel responded to the NAL, and admitted that it failed to file
the NRUF report due September 15, 2000. FullTel nevertheless
requests cancellation of the proposed forfeiture, and pledges to
file future NRUF reports on a timely basis.
The NAL explicitly states that the proposed forfeiture was
assessed in accordance with applicable statutory provisions, the
Commission's rules and the Commission's Forfeiture Guidelines. 5
Section 503(b) of the Act requires that, in examining FullTel's
response, we take into account 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 other such matters as justice may require.6 FullTel's
response indicates that it receives numbering resources, and thus
it was required to file the September 2000 NRUF report.7
Although Fulltel contends that its failure to report was an
unintentional oversight, a rule violation resulting from an
inadvertent mistake or a failure to become familiar with the
Commission's requirements is considered a willful violation.8
Moreover, FullTel's pledge of future compliance does not justify
reduction or cancellation of the proposed forfeiture penalty.9
We have reviewed Fulltel's response in light of the statutory
factors set forth above, and we affirm the forfeiture.
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 FullTel, Inc. 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.10 The payment MUST INCLUDE the FCC
Registration Number (FRN) referenced above and also should note
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,
IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall
be sent by Certified Mail/Return Receipt Requested, to Wallace
L. Walcher, Vice President- Acquisitions and Telecommunications,
FullTel, Inc., 201 Robert S. Kerr, Suite 210, Oklahoma City,
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
1 See Fulltel,Inc., 16 FCC Rcd 8615 (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 17087
(1997), recon. denied, 15 FCC Rcd 303 (1999)(``Forfeiture
Guidelines'')(codified at 47 C.F.R. § 1.80(b)(4) Note).
6 47 U.S.C. § 503(b)(2)(D).
7 FullTel requests that we provide information concerning filing
the NRUF reports. Filing material for FCC Form 502, North
American Numbering Plan ``Numbering Resource
Utilization/Forecast (NRUF) Report'' and filing advice can be
obtained electronically from the North American Numbering
Administrator's web site http://www.nanpa.com/nruf/index.html.
The North American Number Administrator may also be contacted by
telephone at (202) 533-2654 or 202-533-2657.
8 See, e.g., Puerto Rico Tower Co., Inc., 16 FCC Rcd 271 (EB
2001), citing PBJ Communications of Virginia, Inc., 7 FCC Rcd
2088 (1992); Standard Communications Corp., 1 FCC Rcd 358
(1986); Triad Broadcasting Co., Inc., 96 FCC 2d 1235, 1242
9 See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973). See also
Coleman Enterprises, Inc., 16 FCC Rcd 10016, 10,020-21 (2001),
citing Long Distance Services, Inc., 13 FCC Rcd 4444 (CCB
1998)(all common carriers are required to comply with the
Commission's rules, regardless of size or resources, and
remedial efforts do not alter the fact that violations had
taken place or justify mitigation).
10 See 47 C.F.R. § 1.80(h).
11 See 47 C.F.R. § 1.1914.