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1. Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
USA MOBILE COMMUNICATIONS, INC. ) File No. EB-01-IH-0017s
II ) NAL/Acct. No. 200132080050
)
)
)
MEMORANDUM OPINION AND ORDER
Adopted: February 5, 2003 Released: February 7,
2003
By the Chief, Enforcement Bureau:
In this Order, we cancel a Notice of Apparent Liability for
Forfeiture (``NAL'')1 that the Enforcement Bureau issued to USA
Mobile Communications, Inc. II (``USA Mobile'') for apparent
willful violation of 47 C.F.R. § 52.15(f), which requires certain
carriers to report number utilization and forecast data. We
issued the NAL because it appeared that USA Mobile 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
Arch Wireless, Inc. (``Arch'') responded to the NAL. Arch had
acquired USA Mobile prior to the September 15, 2000 reporting
deadline through an assignment of license, and USA Mobile no
longer existed prior to September 15, 2000. After considering
Arch's response and reviewing the record, we find that the
proposed monetary forfeiture should be cancelled. 3
Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 504(b)
and 47 C.F.R. § 1.80(f)(4), the NAL issued to USA Mobile
Communications, Inc. II IS HEREBY CANCELLED.
IT IS FURTHER ORDERED that a copy of this Order shall be sent by
Certified Mail/Return Receipt Requested, to Arch Wireless, Inc.,
1800 West Park Drive, Suite 250,
Westborough, MA 01581 and to its counsel, L. Charles Keller,
Esq., Wilkinson Barker Knauer, LLP, 2300 N Street, N.W., Suite
700, Washington, DC 20037-1128.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 See USA Mobile Communications, Inc., II, 16 FCC Rcd 8675 (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 U.S.C. § 504(b); 47 C.F.R. § 1.80(f)(4).