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   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of )

   ) File No. EB-09-SE-218

   Verizon ) NAL/Acct No. 201032100034

   ) FRN 0010790335

                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: July 8, 2010 Released: July 9, 2010

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Verizon apparently willfully violated Section 4.11 of the
       Commission's Rules ("Rules"), by failing to file a true, complete and
       accurate Final Communications Outage Report regarding a significant
       disruption in its network services ("outage"). Based on the facts and
       circumstances before us, we conclude that Verizon is apparently liable
       for a forfeiture in the amount of twenty-five thousand dollars
       ($25,000).

   II. BACKGROUND

    2. The Commission first imposed outage reporting requirements on wireline
       communications providers in 1992. Recognizing that these requirements
       address critical public interest concerns, the Commission later
       revised its rules to extend these mandatory reporting requirements to
       all communications providers. In addition, in an effort to facilitate
       rapid reporting and reduce administrative burdens on covered entities,
       the Commission adopted a common metric for determining the general
       outage-reporting threshold criteria and required that outage reports
       be timely filed electronically. The Commission explained that these
       requirements enable this agency to effectively monitor and oversee the
       reliability and security of the nation's communications systems, and
       thus carry out its responsibilities under the Communications Act. Most
       important, the outage reporting requirements ensure that communication
       providers promptly, fully, and accurately report significant
       disruptions in their network services that could affect our Nation's
       "homeland security, public health and safety, as well as [our]
       economic well-being." The Commission concluded that the outage
       reporting requirements, as strengthened and expanded, ensure that the
       public has "secure communications that they can rely upon for their
       daily needs, as well as during terrorist attacks, fires, natural
       disasters (such as hurricanes, earthquakes, and tornadoes) and war;"
       and that the Commission has the information about "communications
       disruptions and their causes" to prevent similar future disruptions
       and to facilitate alternative communications sources.

    3. Under Section 4.9 of the Rules, all communications providers are
       required to electronically report to the Commission outages that meet
       certain threshold criteria. The threshold criteria for wireline
       communications providers are set forth in Section 4.9(f) of the Rules.
       A wireline communications provider must notify the Commission of any
       outage that lasts at least 30 minutes and: (1) potentially affects at
       least 900,000 user telephony or paging minutes; (2) affects at least
       1,350 DS3 minutes; (3) potentially affects any special offices or
       facilities; or (4) potentially affects 911 facilities. If a wireline
       communications provider experiences an outage that meets the threshold
       criteria, it is required to electronically submit to the Commission a
       Notification within 120 minutes, an Initial Communications Outage
       Report ("Initial Report") within 72 hours, and a Final Communications
       Outage Report ("Final Report") within 30 days of its discovery of the
       outage. The Notification serves to notify the Commission that a major
       event has occurred and assist the Commission in determining whether an
       immediate response is required (e.g., terrorist attack or systemic
       failure) and whether patterns of outages are emerging (e.g., phased
       terrorist attacks) that warrant further coordination or other action.
       The Initial and Final Reports provide the Commission with more
       detailed data necessary to analyze outages in order to improve network
       reliability and security.

    4. Under Section 4.11 of the Rules, the Final Report must "contain all
       pertinent information on the outage, including any information that
       was not contained in the Initial Report." Section 4.11 of the Rules
       requires that "the person submitting the Final report ... be
       authorized by the provider to legally bind the provider to the truth,
       completeness, and accuracy of the information contained in the
       report." Section 4.11 further requires that the Final Report "be
       attested by the person submitting the report that he/she has read the
       report prior to submitting it and on oath deposes and states that the
       information contained therein is true, correct, and accurate to the
       best of his/her knowledge and belief and that the communications
       provider on oath deposes and states that this information is true,
       complete, and accurate."

    5. Verizon, a wireline communications provider, has been subject to the
       outage reporting requirements described above since the requirements
       were first imposed in 1992. Commission records reflect that Verizon
       experienced a significant outage, for which it submitted timely
       reports, but for which its Final Report was incomplete and inaccurate
       in several important respects. On January 4, 2010, the Enforcement
       Bureau's Spectrum Enforcement Division issued Verizon a Letter of
       Inquiry ("LOI") and initiated an investigation into the company's
       compliance with Section 4.11 of the Rules. In its response to the LOI,
       Verizon maintains that its Final Report was accurate and thus complied
       with Section 4.11. We disagree. Having reviewed Verizon's LOI Response
       and Final Report, we find that Verizon's submission did not completely
       and accurately describe the outage in several important respects, and
       thus that it did not comply with the requirements of Section 4.11 of
       the Rules.

   III. DISCUSSION

   A. Verizon Apparently Failed to File a Complete and Accurate Final Outage
   Report

    6. Section 4.9 of the Rules requires Verizon to timely file reports for
       outages that meet the threshold criteria. Section 4.11 of the Rules
       requires Verizon to submit, and attest that it has submitted, a true,
       complete and accurate Final Report that contains all pertinent
       information, including any information that was not contained in its
       Initial Report. The completeness and accuracy of the Final Report is
       critical in enabling the Commission to assess the full impact of
       significant communications disruptions and to effectively respond to
       future incidents.

    7. Verizon experienced a reportable network outage, as described in the
       Confidential Appendix. Commission records reflect that Verizon timely
       filed its Reports, including its Final Report, regarding that outage.
       The issue presented here is not the timeliness of Verizon's filings
       but rather the completeness and accuracy of its Final Report. As
       detailed more fully in the Confidential Appendix, we find that
       Verizon's Final Report was incomplete and inaccurate in several
       important respects. We

   therefore find that Verizon apparently willfully violated Section 4.11 of
   the Rules by filing a Final Report that was not true, complete and
   accurate.

   B. Proposed Forfeiture

    8. Under Section 503(b)(1)(B) of the Act and Section 1.80(a)(1) of the
       Rules, any person who is determined by the Commission to have
       willfully or repeatedly failed to comply with any provision of the Act
       or any rule, regulation, or order issued by the Commission shall be
       liable to the United States for a forfeiture penalty. To impose such a
       forfeiture penalty, the Commission must issue a notice of apparent
       liability and the person against whom such notice has been issued must
       have an opportunity to show, in writing, why no such forfeiture
       penalty should be imposed. The Commission will then issue a forfeiture
       if it finds by a preponderance of the evidence that the person has
       violated the Act or a Commission rule. We conclude under this standard
       that Verizon is apparently liable for forfeiture for its apparent
       willful violation of Section 4.11 of the Rules.

    9. Under Section 503(b)(2)(B) of the Act, we may assess a common carrier
       a maximum forfeiture of $150,000 for each violation, or each day of a
       continuing violation, up to a statutory maximum of $1,500,000 for any
       single continuing violation. In determining the appropriate forfeiture
       amount, Section 503(b)(2)(E) of the Act directs the Commission to
       consider factors, such as "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 such other matters as justice may require."

   10. The Commission's Forfeiture Policy Statement  and Section 1.80 of the
       Rules do not establish a base forfeiture amount for failing to submit
       a true, complete and accurate Final Report as required under Section
       4.11 of the Rules. This does not, of course, mean that no forfeiture
       should be imposed. The Forfeiture Policy Statement states that "...
       any omission of a specific rule violation from the ... [forfeiture
       guidelines] ... should not signal that the Commission considers any
       unlisted violation as nonexistent or unimportant. The Commission
       retains the discretion to issue forfeitures  on a case-by-case basis,
       under its general forfeiture authority contained in Section 503 of the
       Act.

   11. In determining the appropriate forfeiture amount for violation of the
       reporting requirements under Section 4.11, we start by taking into
       account the importance of filing a true, complete and accurate Final
       Report, such that the Commission can rely fully on the accuracy of
       that report. In other analogous circumstances, the Commission has
       emphasized that it relies "heavily on the truthfulness and accuracy of
       the information provided to us. If information submitted to us is
       incorrect, we cannot properly carry out our statutory
       responsibilities." It is because of this need to be able to rely on
       the information submitted to us that the Commission requires that the
       Final Report of a reportable outage must be "attested by the person
       submitting the report that he/she has read the report prior to
       submitting it and on oath deposes and states that the information
       contained therein is true, correct and accurate to the best of his/her
       knowledge and belief and that the communications provider on oath
       deposes and states that this information is true, complete and
       accurate." 

   12. We have considered the nature of Verizon's apparent violation, the
       submission of an attested Final Report that, although timely filed,
       was incomplete and inaccurate in several important respects. As the
       Commission has found in other reporting violation cases involving the
       lack of accuracy and completeness, we believe a significant forfeiture
       is appropriate here.  If communications providers ignore our rules and
       submit unreliable information, the purpose of the network outage
       reporting requirements is undermined. Consistent with similar
       precedent, we find that a forfeiture in the amount of $25,000 is
       appropriate under the circumstances presented in this case.

   13. Specifically, we take into account that the Commission's outage
       reporting requirements, generally, and the completeness and accuracy
       of the Final Report, specifically, are critical in enabling the
       Commission to assess the full impact of significant communications
       disruptions and to effectively respond to future incidents. The
       submission of a less than complete and accurate Final Report
       undermines the Commission's understanding of and ability to address
       outages that have the potential of jeopardizing our nation's homeland
       security, safety and economic well-being.  A communications provider
       that submits incomplete and inaccurate information shows a lack of due
       diligence in meeting its reporting obligations under Section 4.11 of
       the Rules. An inaccurate and incomplete Final Report does not meet the
       requirements of Section 4.11. Finally, such a Final Report impedes the
       Commission's thorough analysis and understanding of the effects of an
       outage, and compromises the Commission's long-term interests of
       ensuring network reliability and security. Accordingly, for the
       reasons discussed above and in the Confidential Appendix, we conclude
       that Verizon is apparently liable for a $25,000 forfeiture for its
       apparent willful violation of Section 4.11 of the Rules.

   V. ORDERING CLAUSES

   14. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Section 1.80 of the Rules, Verizon is hereby NOTIFIED of its
       APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty-five
       thousand ($25,000) for its apparent willful violation of Section 4.11
       of the Rules.

   15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture, Verizon SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   16. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
       When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to: Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C. 20554. Please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. Verizon will also send electronic
       notification on the date said payment is made to
       Jennifer.Burton@fcc.gov and JoAnn.Lucanik@fcc.gov.

   17. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.80(f)(3) and 1.16 of the Rules. The written statement must
       be mailed to the Office of the Secretary, Federal Communications
       Commission, 445 12th Street, S.W., Washington, D.C. 20554, ATTN:
       Enforcement Bureau - Spectrum Enforcement Division, and must include
       the NAL/Acct. No. referenced in the caption. The statement should also
       be emailed to JoAnn Lucanik at JoAnn.Lucanik@fcc.gov and Jennifer
       Burton at Jennifer.Burton@fcc.gov.

   18. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices; or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   19. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture  shall be sent by first class mail and certified mail
       return receipt requested to Mark J. Montano, Assistant General
       Counsel, Verizon, 1320 North Courthouse Road, 9th Floor, Arlington,
       Virginia 22201.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

   47 C.F.R. S: 4.11.

   See Notification by Common Carriers of Service Disruptions, Report and
   Order, 7 FCC Rcd 2010 (1992); Memorandum Opinion and Order and Further
   Notice of Proposed Rulemaking, 8 FCC Rcd 8517 (1993); Second Report and
   Order, 9 FCC Rcd 3911 (1994); Order on Reconsideration of Second Report
   and Order, 10 FCC Rcd 11764 (1995).

   See 47 C.F.R. Part 4; see also New Part 4 of the Commission's Rules
   Concerning Disruptions to Communications, Report and Order and Further
   Notice of Proposed Rulemaking, 19 FCC Rcd 16830, 16882-94 P:P: 97-126
   (2004) ("2004 Network Outage Order") (extending the network outage
   reporting requirements to paging and wireless, cable circuit-switch
   telephony, and satellite communications providers).

   Id. at 16869-72 P:P: 71-75.

   Id. at 16837 P: 12.

   Id. at 16910 P: 160.

   2004 Network Outage Order, 19 FCC Rcd at 16837 P: 11. Noting that there
   are many examples of the critical need for, and our dependence upon,
   reliable communications service, the Commission offered the example of our
   financial infrastructure, which largely consists of computers, databases,
   and communications links. The Commission stated that:

   If the communications links were severed, or severely degraded, ATM
   machines would not be able to supply cash, credit card transactions would
   not `go through,' banks would not be able to process financial
   transactions (including checks), and the financial markets would become
   dysfunctional. In a short time, economic activity would ground to a halt
   and consumers' ability to purchase food, fuel or clothing would be
   severely limited if not destroyed.

   Id. at 16836-37 P: 11.

   Id.

   47 C.F.R. S: 4.9(f)(1)-(4). A wireline communications provider is defined
   as a provider that "offer[s] terrestrial communications through direct
   connectivity, predominantly by wire, coaxial cable, or optical fiber,
   between the serving central office ... and end user location(s)." See 47
   C.F.R. S: 4.3(g).

   See 47 C.F.R. S: 4.9(f)(4).

   See 2004 Network Outage Order, 19 FCC Rcd at 16870-72 P:P: 73-75.

   See id.

   47 C.F.R. S: 4.11.

   Id.

   Id.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau to Kathleen Grillo, Vice President, Federal Regulatory,
   Verizon (January 4, 2010).

   See Letter from Mark J. Montano, Assistant General Counsel, Verizon to
   Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement
   Bureau (February 3, 2010). Verizon requested its Response and associated
   documents be accorded confidential treatment. Pursuant to 47 C.F.R. S:
   0.457(d)(vi), Verizon's outage report is not routinely available for
   public inspection. Pursuant to 47 C.F.R. S: 0.459(d)(3), we will accord
   the other materials confidential treatment until any request for
   inspection is made, and will rule on Verizon's request at that time.

   "Willful" is defined as the "the conscious and deliberate commission or
   omission of [any] act, irrespective of any intent to violate" the law. 47
   U.S.C. S: 312(f)(1). The legislative history of Section 312(f)(1) of the
   Act clarifies that this definition of willful applies to both Sections 312
   and 503(b) of the Act, H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51
   (1982), and the Commission has so interpreted the term in the Section
   503(b) context. See Southern California Broadcasting Co., Memorandum
   Opinion and Order, 6 FCC Rcd 4387, 4388 P:5 (1991), recon. denied,
   Memorandum Opinion and Order, 7 FCC Rcd 3454 (1992) ("Southern
   California"); see also San Jose Navigation, Inc., Forfeiture Order, 22 FCC
   Rcd 1040, 1042 P: 9 (2007), consent decree ordered, 25 FCC Rcd 1494
   (2010); Lotus Broadcasting Corp., Memorandum Opinion and Order, 9 FCC 2d
   227 P:P: 5-6 (1967); Bureau D'Electronique Appliquee, Forfeiture Order, 20
   FCC Rcd 17893 (Spectrum Enf. Div., Enf. Bur. 2005). By consciously and
   deliberately submitting a Final Report that was incomplete and inaccurate
   in several respects, Verizon's apparently willfully violated Section 4.11
   of the Rules.

   47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1).

   47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

   See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
   7591, P: 4 (2002).

   47 U.S.C S: 503(b)(2)(B). The Commission thrice amended Section 1.80(b)(3)
   of the Rules, 47 C.F.R. S: 1.80(b)(3), to increase the maximum forfeiture
   amounts, in accordance with the inflation adjustment requirements
   contained in the Debt Collection Improvement Act of 1996, 28 U.S.C. S:
   2461. See Amendment of Section 1.80 of the Commission's Rules and
   Adjustment of Forfeiture Maxima to Reflect Inflation, Order, 23 FCC Rcd
   9845 (2008); Amendment of Section 1.80 of the Commission's Rules and
   Adjustment of Forfeiture Maxima to Reflect Inflation, Order, 19 FCC Rcd
   10945 (2004); Amendment of Section 1.80 of the Commission's Rules and
   Adjustment of Forfeiture Maxima to Reflect Inflation, Order, 15 FCC Rcd
   18221 (2000); see also 47 C.F.R. S: 1.80(c).

   47 U.S.C. S: 503(b)(2)(E). See also 47 C.F.R. S: 1.80(b)(4), Note to
   paragraph (b)(4): Section II. Adjustment Criteria for Section 503
   Forfeitures.

   See The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines,  Report and
   Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999)
   ("Forfeiture Policy Statement").

   Forfeiture Policy Statement, 12 FCC Rcd at 17099 P: 22.

   See id.

   Amendment of Section 1.17 of the Commission's Rules Concerning Truthful
   Statements to the Commission, Notice of Proposed Rulemaking, 17 FCC Rcd
   3296, 3297 (2002). See also  Amendment of Section 1.17 of the Commission's
   Rules Concerning Truthful Statements to the Commission Report and Order,
   18 FCC Rcd 4016, 4021 (2003), recon. denied, Memorandum Opinion and Order,
   19 FCC Rcd 5790, further recon. denied, Memorandum Opinion and Order, 20
   FCC Rcd 1250 (2004).

   47 C.F.R. S: 4.11.

   Serious reporting violations by carriers have resulted in assessments of
   significant forfeitures. See e.g., VCI Company, Notice of Apparent
   Liability for Forfeiture, 22 FCC Rcd 15933, 15940 P: 18 (2007) (Commission
   established $20,000 as the base forfeiture amount for a carrier's failure
   to file accurate revenue on FCC Form 497, proposing a $320,000 forfeiture
   for VCI's sixteen apparent violations); Global NAPs California, Inc.,
   Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 13545, 13554-56
   P:P: 24-27 (Enf. Bur. 2009) (assessing $25,000 proposed forfeiture against
   a carrier for apparently violating Section 52.15(f) of the Rules, 47
   C.F.R. S: 52.15(f), finding that filing of inaccurate reports undermines
   the Commission's ability to monitor and ensure the efficient allocation of
   telephone numbering resources) ("Global NAPs California, Inc."); Cardinal
   Broadband LLC, aka Sovereign Telecommunications, Notice of Apparent
   Liability for Forfeiture, 23 FCC Rcd 12233, 12235-37 P:P: 6-11 (Enf. Bur.
   2008) (assessing a $25,000 forfeiture against an interconnected VoIP
   service provider for apparently violating Section 1.17 of the Rules,
   finding that the submission of misleading or inaccurate information
   regarding its status reflects a lack of due diligence and impedes the
   Commission's ability to carry out its statutory responsibilities)
   ("Cardinal Broadband LLC").

   See Global NAPs California, Inc., 24 FCC Rcd at 13554-56 P:P: 24-27;
   Cardinal Broadband LLC, 23 FCC Rcd at 12235-37 P:P: 6-11.

   See supra notes 9 - 12 and accompanying text.

   Federal Communications Commission DA 10-1268

   7

   Federal Communications Commission DA 10-1268