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1. Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
ATX TELECOMMUNICATIONS ) File No. EB-01-IH-0017b
SERVICES, LTD. ) NAL/Acct. No. 200132080033
)
)
)
MEMORANDUM OPINION AND ORDER
Adopted: February 12, 2003 Released: February 14,
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 ATX
Telecommunications Services, Ltd. (``ATX'') 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 ATX 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
ATX responded to the NAL and states that it filed the September
15, 2000 NRUF report. After considering ATX's response and
reviewing the record, we find that we should cancel the proposed
monetary forfeiture.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 ATX
Telecommunications Services, Ltd. IS HEREBY CANCELLED.
IT IS FURTHER ORDERED that a copy of this Order shall be sent by
Certified Mail/Return Receipt Requested, to Scott Kellogg,
Regulatory Affairs, ATX Telecommunications Services, Ltd., 225
West Ohio, Suite 200, Chicago, Illinois 60610.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 See ATX Telecommunications Services, Ltd., 16 FCC Rcd 8590
(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).