*Pages 1--2 from Microsoft Word - 17573* Federal Communications Commission DA 02- 1078 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of LITELCO COMMUNICATIONS, INC. ) ) ) ) ) ) ) ) ) File No. EB- 01- IH- 0017i NAL/ Acct. No. 200132080040 MEMORANDUM OPINION AND ORDER Adopted: May 8, 2002 Released: May 10, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we cancel a monetary forfeiture in the amount of $6,000 proposed against Litelco Communications, Inc. (“ Litelco”) for apparent willful violations of 47 C. F. R. § 52.15( f), which requires certain carriers to report number utilization and forecast data. II. BACKGROUND 2. On April 24, 2001, the Chief, Enforcement Bureau, acting pursuant to delegated authority, issued a Notice of Apparent Liability for Forfeiture (“ NAL”) to Litelco, proposing a $6,000 forfeiture. 1 We issued the NAL because it appeared that Litelco 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 We therefore determined that Litelco 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 1 See Litelco Communications, Inc., 16 FCC Rcd 8625 (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). 1 Federal Communications Commission DA 02- 1078 2 semiannually on their actual and forecast number usage. 3 3. Litelco responded to the NAL, and requested cancellation of the proposed forfeiture. Litelco states that its assets, including its numbering resources, were transferred to another carrier in March 1999. We have considered Litelco’s response in light of applicable statutory provisions, the Commission’s rules and the Commission’s Forfeiture Guidelines. 4 The transfer of Litelco’s assets occurred prior to the Commission’s adoption of the reporting requirements for number utilization and forecast data and the effective date of Section 52.15( f). We therefore conclude that Litelco is not subject to the reporting requirements of section 52.15( f) and that cancellation of the proposed forfeiture is appropriate. 5 IV. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED THAT, pursuant to 47 U. S. C. § 504( b) and 47 C. F. R. § 1.80( f)( 4), the monetary forfeiture issued against Litelco Communications, Inc. IS HEREBY CANCELLED. 5. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall be sent by Certified Mail/ Return Receipt Requested, to Richard Steiner, Litelco Communications, Inc., 23 Ostend Road, Island Park, NY 11558. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 3 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”). 4 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). 5 47 C. F. R. § 52.15( f)( 2). 2