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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
IDS TELCOM, LLC ) File No. EB-01-IH-0017h
OCN# 8368 ) NAL/Acct. No. 200132080039
) FRN 0006-7988-13
)
)
FORFEITURE ORDER
Adopted: June 20, 2002 Released: June 21, 2002
By the Chief, Enforcement Bureau:
I. INTRODUCTION
In this Order, we issue a monetary forfeiture to IDS Telcom, LLC
(``IDS'') for willful violation of 47 C.F.R. § 52.15(f). The
noted violation involves IDS's failure to report its number
utilization and forecast data. Based upon our review of the
facts and circumstances of this case, including IDS's response to
our Notice of Apparent Liability (``NAL''),1 we conclude that IDS
has justified a reduction of the proposed forfeiture and that it
is liable for a forfeiture in the amount of $3,000.
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 IDS, proposing a $6,000 forfeiture. We
issued the NAL because it appeared that IDS 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 The NAL referenced a letter of inquiry that we sent to
IDS on January 29, 2001 concerning its apparent failure to file
the September 15, 2000 NRUF report.
Carriers are required to report for each separate legal entity
represented by an Operating Company Number (``OCN'').3 It
appeared that IDS failed to file an NRUF report for one OCN,
which was referenced in our NAL. We therefore determined that
IDS 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
IDS responded to the NAL and requested cancellation of the
forfeiture. IDS contends that it filed the NRUF report on
January 25, 2001 and subsequently refiled the report after
receiving our letter of inquiry. In addition, IDS argues that
the reporting requirements of section 52.15(f) were recently
adopted, and that it has implemented procedures to ensure timely
compliance with the reporting requirements in the future.
III. DISCUSSION
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 IDS'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 IDS has
not presented mitigating evidence that would justify cancellation
of the forfeiture.
IDS has demonstrated that it filed the NRUF report by facsimile
on January 25, 2001. IDS also argues that its actions were not
``willful.'' However, the NRUF report at issue was due on
September 15, 2000, and, absent a waiver, would not have been
accepted for filing on January 25, 2001.7 IDS has not
demonstrated that it received a waiver of the filing deadline.
Moreover, contrary to IDS's assertion, the term ``willful,'' as
used in section 503(b) of the Act, does not require a finding
that the rule violation was intentional or that the violator was
aware that it was committing a rule violation.8 In view of these
circumstances, we find that rescission of the monetary forfeiture
is not warranted. Additionally, IDS's pledge of future compliance
and its implementation of procedures to ensure the timeliness of
future NRUF filings do not justify reduction or cancellation of
the proposed forfeiture penalty.9
Nevertheless, IDS's submission does demonstrate a good faith
(albeit tardy) attempt to comply with the NRUF filing
requirement. We therefore conclude that a reduction of the
forfeiture amount is warranted.10 We have reviewed IDS's
response in light of the statutory factors set forth above, and
find that IDS has justified a reduction of the proposed
forfeiture penalty from $6,000 to $3,000.
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 IDS Telcom, LLC FORFEIT
to the United States the sum of three thousand dollars ($3,000)
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.11 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,
D.C. 20554.12
IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall
be sent by Certified Mail/Return Receipt Requested, to Miyoshi D.
Smith, IDS Telcom, LLC, 1525 N.W. 167th Street, 2nd Floor, Miami,
FL 33169.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 See IDS Long Distance, 16 FCC Rcd 8620 (EB 2001). IDS
reports that its name has been changed from ``IDS Long
Distance'' to ``IDS Telecom, LLC.''
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 In addition, it appears that IDS may not understand NRUF
filing procedures. Filing advice, and material for filing FCC
Form 502, North American Numbering Plan ``Numbering Resource
Utilization/Forecast (NRUF) Report'' 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. Carriers may arrange to file
NRUF reports via facsimile by first contacting NANPA at (202)
534-2654 for instructions and information concerning fees
associated with facsimile filing. See also, NRO Order, 15 FCC
Rcd at 7598 (2000)(directing NANPA to establish procedures for
permitting small carriers to use facsimile transmission of
numbering data).
8 See, e.g., Valley Page, 12 FCC Rcd 3087, 3088-89 (WTB 1997).
9 See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973). See also
Coleman Enterprises, Inc., 16 FCC Rcd 10016, 10020-21 (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, e.g., Data Investments, Inc.,16 FCC Rcd 7905 (EB 2001).
11 See 47 C.F.R. § 1.80(h).
12 See 47 C.F.R. § 1.1914.