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                           1.   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

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



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 semiannually on their actual and forecast number usage.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


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.  

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


_________________________

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).   

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).